AI Overview...
- Cause of Action - Main points and insights:
- A suit cannot be dismissed solely on the grounds of sheltering under Order IX Rule 9 of CPC; the cause of action in certain suits, such as redemption suits, is recurring and each successive action may have a distinct cause of action Ganesh Prasad VS Rajeshwar Prasad - Supreme Court.
- The rejection of plaint under Order VII Rule 11 of CPC is permissible if it lacks a cause of action, is barred by limitation, or is otherwise not maintainable; courts emphasize the importance of establishing a clear cause of action for the suit to proceed Rajnikant Bhogilal Patel VS Lh Of Decd Bhudarbhai Hakkabhai Bhrambhatt - Gujarat, KUMUD BHARGAVA VS SUDHIR BHARAGAV - Allahabad.
- Repetition of the same cause of action in multiple suits is not permitted if earlier suits have not been dismissed on merits, but earlier dismissals not on merits do not necessarily bar subsequent suits based on the same cause Srikakulam Municipality VS M. V. Ranganadham - Andhra Pradesh.
- The cause of action must be clearly disclosed in the plaint; if it is absent or insufficient, the plaint is liable to be rejected A. A. Lords Shoes Pvt. Ltd. , Co. , Secunderabad VS Maneck H. Ghadiali - Andhra Pradesh, Neiphrezo Keditsu VS Zeneisiile Ate Loucii - Gauhati.
-
In cases involving procedural objections such as rejection of plaint, the primary consideration is whether the plaint discloses a cause of action, and whether the legal requirements for rejection are satisfied Raj Kumari Garg VS S. M. Ezaz - Delhi, Hindustan Unilever Limited, Chennai VS S. Shanthi, Proprietrix Lakshmi Soaps, through her power holder D. Suyaraj, Coimbatore - Madras.
-
Analysis and Conclusion:
- The cause of action is fundamental for maintaining a suit; its absence or defect is a valid ground for rejection of plaint under Order VII Rule 11 CPC.
- Rejection of plaint is appropriate when the plaint does not disclose a legal right or claim, is barred by limitation, or involves frivolous or vexatious issues.
- Courts distinguish between suits with recurring causes of action (e.g., redemption suits) and those with a single, well-defined cause.
- Proper assessment of cause of action ensures that only genuine and legally sustainable suits proceed, preventing vexatious litigation and conserving judicial resources Ganesh Prasad VS Rajeshwar Prasad - Supreme Court, Sachin Phul VS Harsh Maini - Uttarakhand, KUMUD BHARGAVA VS SUDHIR BHARAGAV - Allahabad.
References: - Ganesh Prasad VS Rajeshwar Prasad - Supreme Court - Sachin Phul VS Harsh Maini - Uttarakhand - Srikakulam Municipality VS M. V. Ranganadham - Andhra Pradesh - Rajnikant Bhogilal Patel VS Lh Of Decd Bhudarbhai Hakkabhai Bhrambhatt - Gujarat - A. A. Lords Shoes Pvt. Ltd. , Co. , Secunderabad VS Maneck H. Ghadiali - Andhra Pradesh - Jai Prakash VS Radhey Shyam - Crimes - Hindustan Unilever Limited, Chennai VS S. Shanthi, Proprietrix Lakshmi Soaps, through her power holder D. Suyaraj, Coimbatore - Madras - KUMUD BHARGAVA VS SUDHIR BHARAGAV - Allahabad - Raj Kumari Garg VS S. M. Ezaz - Delhi - Neiphrezo Keditsu VS Zeneisiile Ate Loucii - Gauhati
Search Results for "Cause of Action is Bunch of Facts Rejection of Plaint Not Maintainable"
2023 3 Supreme 374 • India - Supreme Court
SUDHANSHU DHULIA, J. B. PARDIWALAQ
from a totally different bunch of facts, such suit cannot be axed by taking shelter to provision of Order IX Rule 9 of CPC – Cause ... suit, cause of action in a redemption suit is a recurring one – Cause of action in each successive action, until right of redemption ... alter or substitute a new cause of action. ... 11 for rejection of plaint. ... A cause of #H....
2023 0 Supreme(UK) 255 • India - Uttarakhand
VIVEK BHARTI SHARMA
The defendant moved applications for rejection of plaint and seeking amendment in the written statements, which were dismissed by ... and whether the suits were premature and not maintainable in the absence of cause of action. ... of action to file the suits and whether the suits were premature and not maintainable in the absence of cause of action. ... of action to file the suit....
1969 0 Supreme(AP) 127 • India - Andhra Pradesh
PARTHASARATHI
The principle that a person should not be subjected to a vexatious repetition of the identical cause of action in a plurality of ... The finality of a judgment is based on the fact that the cause of action has merged in a decree, but in this case, the earlier suits ... actions is not applicable in this case as the earlier dismissal was not on the merits. ... of action is not barred. ... I am unable to agree that th....
2022 0 Supreme(Guj) 695 • India - Gujarat
B. N. KARIA
admeasuring Hecter-Are-Square Defendants appeared and waived process and also moved a Chamber Summons with an application seeking rejection ... , the issue of limitation is a mixed question of law and facts and therefore, it could not be taken as pure question of law to reject ... of plaint on the ground of bar of limitation under Order 7 Rule 11(d) of Civil Procedure Code, 1908 – Parties learned trial Court ... maintainable in view of under Order 7 Rule 11 of the C.P.C. ... That cause....
2007 0 Supreme(AP) 1104 • India - Andhra Pradesh
L.NARASIMHA REDDY
u/s 151 is available only if no appeal lies against concerned order – Once a regular appeal is provided against order rejecting plaint ... automatic and make declaration would not do. ... , question of invoking section 115 does not arise. ... In a way, it can be said that the relevant provisions of law and the contemporary facts work in tandem, to bring about such enforceable right in the person. If the plaint fails to disclose a cause of action, it constitutes a vali....
• India - Crimes
B.L.YADAV
would not be maintainable in view of Section 397(2) of the Code. ... However, it is for the Executive Magistrate to decide as to whether in a given set of facts the action has to be taken under Section ... on a particular date and lead evidence to prove their respective cases, is an order made as a matter of procedure and allows the action ... State of Maharashtra,8 it was held that the rejection of plea on the point, which when accepted, will conclude the particular proceedings, will ....
2021 0 Supreme(Mad) 2210 • India - Madras
SANJIB BANERJEE, P. D. AUDIKESAVALU
of plaint - OSA is a proposed appeal against dismissal of an application seeking rejection of plaint under Order VII Rule 11 of ... the suit here - As a consequence appeals being OSA (CAD) are dismissed as not maintainable - Grounds taken in relevant applications ... Again, it must be conceded that the natural forum for this action may have been the Bombay High Court, but that does not imply that ... While scrutinising the plaint averments, it is....
2014 0 Supreme(All) 1661 • India - Allahabad
KRISHNA MURARI, HARSH KUMAR
Code of Civil Procedure 1908—Section 96, Order VII, Rule 11—Limitation Act, 1963—Sections 5 and 14 and Articles 56, 59 and 113—Plaint—Rejection ... of—Bar of limitation—Cause of action—Determination of—Appellant challenged the impugned judgement dismissing civil suit as barred ... of action arose—Since the suit in question was filed beyond the prescribed period of limitation from the date of knowledge and cause ... Rejection of plaint. ... According ....
2012 0 Supreme(Del) 1800 • India - Delhi
SANJAY KISHAN KAUL, VIPIN SANGHI
- Frivolous litigation - Suit filed 11 years after entering into Agreement to Sell - Even though Power of Attorney and Will do not ... for rejection of the plaint while the appellant sought a decree under Order 12 Rule 6 of the said Code, vide an application IA No.7178/2009. ... Interestingly, this grievance is made qua the document, the agreement to sell & purchase dated 7.7.1998, which the appellant deliberately kept away while filing the plaint though it was referred to in the plaint. In fact, this d....
2016 0 Supreme(Gau) 198 • India - Gauhati
N.CHAUDHURY
Thus, all the points raised by the learned counsel on behalf of the returned candidate in support of his prayer for rejection of ... This is why even after expiry of the term of election, an election petition involving corrupt practice does not become infructuous ... It vitiates the election process not only for the concerned election but also disentitles an offender to be candidate for a further ... So long as the plaint discloses some cause of action which requires determination by t....
Filter by Legal Phrase
