AI Overview...
- Rejection of Plaint - Main Points and Insights:
- Courts typically refrain from interfering in the internal affairs of associations or societies, and will reject a plaint only if the suit is barred by law or the plaint is otherwise inadmissible (02100116882, 00900047351).
- Under Order VII Rule 11 CPC, a plaint can be rejected if the suit is barred by law, such as statutory bars under specific laws like the Companies Act or Wakf Act (00100075952, 04200002647).
- Courts have consistently held that if a suit is barred by law, the civil court's jurisdiction is ousted, and the plaint should be rejected accordingly (01700062034, 01700062070, 01700060797).
- In cases involving associations or societies, courts emphasize that the internal matters are generally beyond civil court jurisdiction unless statutory provisions explicitly allow intervention or the suit involves illegal acts against the association's memorandum or articles (00900040294, 04200002647).
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Rejection of a plaint under Order VII Rule 11 is appropriate when the law expressly or impliedly bars the suit, and courts have the authority to dismiss such cases to prevent unnecessary proceedings (00100075952, 02300046155).
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Analysis and Conclusion:
- Civil courts are barred from adjudicating certain disputes involving associations or societies when statutory provisions explicitly oust jurisdiction, such as under the Companies Act or Wakf Act.
- The primary criterion for rejection under Order VII Rule 11 CPC is whether the suit is legally barred, not on merits, emphasizing the importance of jurisdictional competence.
- Courts generally avoid intervening in internal governance matters of associations unless there is a violation of law, illegal acts, or breach of constitutional documents.
- When a suit is found to be barred by law, the proper course is to reject the plaint, as upheld by multiple judgments, thereby conserving judicial resources and respecting statutory boundaries.
References: - Tim Boyd, International President VS Kesiraju Krishna Phani - Madras, Patil Automation Private Limited VS Rakheja Engineers Private Limited - Supreme Court, K. Vasudeva Rao VS K. Lakshminarayana Rao - Madras, Kashi Nath Sett VS Sadhu CharanSett (Grocery) - Calcutta, Sua Devi VS Sharvan Ram - Rajasthan, Royal Calcutta Golf Club VS Lalit Kumar Jhalaria - Calcutta, Anil Gupta VS J. K. Gupta - Punjab and Haryana, Haji B. Pakkir Mohammed, President, Madrasha-E-Merajul-Uloom @, Islamia Kalvi Sangham VS Secretary to Government, Department of Backward Most Backward Classes and Minority Welfare, Govt. of Tamil Nadu - Current Civil Cases, Sua Devi VS Sharvan Ram - Rajasthan, Sua Devi VS Shravanram - Rajasthan
Search Results for "Rejection of Plaint as Civil Courts are Barred to Deal with the Affairs of the Association"
2015 0 Supreme(Mad) 2482 • India - Madras
K.RAVICHANDRABAABU
Code of Civil Procedure, 1908 – Order 7 Rule 11 – Rejection of the plaint – Tamil Nadu Societies Registration ... Section 53 – Applicant is the tenth defendant in the above said suit. – This application is filed under Order 7 Rule 11 CPC for rejection ... , the plaint cannot be rejected as sought for by the applicant/D10 in this application. – Application Dismissed ... ... (b) Normally, Courts will not interfere with the internal affairs of the first defendant-Society. ... ... (g) S....
2022 7 Supreme 607 • India - Supreme Court
K. M. JOSEPH, HRISHIKESH ROY
11(d) which mandates rejection of a plaint where a suit is barred, is a reminder of principle that there is no absolute right to ... instituted suit, in a case where plaint is barred under Order VII Rule 11(d), stage begins at that time when court can reject plaint ... court – A civil suit can be barred by a law, either expressly or by necessary implication – Jurisdiction of civil court#....
2012 0 Supreme(Mad) 4381 • India - Madras
K.CHANDRU
Issues: The issues involved the grant of an injunction, rejection of the plaint, and the appointment of an independent chartered ... The court also declined the respondents' applications to reject the plaint. ... The court also declined the respondents' applications to reject the plaint. ... It is not a case where the suit from statement in the plaint can be said to be barred by law. The statement in the plaint without addition or....
2023 0 Supreme(Cal) 357 • India - Calcutta
AJOY KUMAR MUKHERJEE
taken away jurisdiction of a civil court in each and every matter connected with company affairs - Preamble speaks that this is ... of plaint - Decree for perpetual injunction – Rejection of petition defendant/Petitioner’s application under order VII Rule 11- ... Whether civil courts had jurisdiction to try suit and answer given by court was in affirmative - Held, As question about ouster ... Rejection of plaint. ....
2021 0 Supreme(Raj) 1044 • India - Rajasthan
ARUN BHANSALI
on merits of any contention raised in plaint – Appellant allowed. ... fees deficient – Held, Plaint has been rejected by lower court is ordered to be received or where a suit is remanded in appeal for ... fresh decision by lower court, Court making the order or remanding appeal may direct refund to appellant of full amount of fee paid ... court qua the said land was barred under the provisions of Section 207 of the Act, 1955 and as such rejection of ....
2015 0 Supreme(Cal) 749 • India - Calcutta
HARISH TANDON
was contrary to the memorandum and article of association and the object and purposes for which the club was formed. ... illegal can be maintained by an individual shareholder if the resolution is fundamentally against the memorandum and article of association ... August 31, 2007, and the decisions taken therein were illegal, void, and not binding, being in violation of the club's Articles of Association ... It is a settled proposition of law that the Court shall confine its perusal and scrutiny to the averments made in ....
2001 0 Supreme(P&H) 1335 • India - Punjab and Haryana
V.K.JHANJI
read with Section 151 of the Code of Civil Procedure for rejection of plaint. ... Final Decision: The civil revision was allowed, and the trial Court was directed to return the plaint to the plaintiffs for ... The jurisdiction of the Civil Court is impliedly barred under the Companies Act when a complete code is provided for redressal of ... of Civil Procedure for rejection of plaint, is liable to be set aside. ......
• India - Current Civil Cases
T.RAJA
(Para 17) ... (v) Civil Procedure Code, 1908—Order VII, Rule 11—Rejection ... alal-aulad—Property dedicated to wakf—Right to control by dedicator—Once a wakf is always a Wakf—It cannot be altered ever—Petitioner—Association ... of plaint—For want of pre suit notice under Section 89 of Wakf Act, 1955—Sense with wordings no suit shall be instituted—Imperative—Section ... to be barred by the provisions of the Wakf Act. ... It is also necessary to refer to Order 7, Rule 13, C.P.C. which declares that the rejection....
2021 0 Supreme(Raj) 1043 • India - Rajasthan
ARUN BHANSALI
court qua said land was barred under the provisions of Section 207 of the Act, 1955 and as such rejection of the plaint by the trial ... court as barred by law cannot be sustained and matter deserves to be remanded back to trial court - As directions were given till ... Fees Act, where plaint has been rejected by lower court is ordered to be received or where a suit is remanded in appeal for fresh ... court qua the....
2021 0 Supreme(Raj) 544 • India - Rajasthan
ARUN BHANSALI
CIVIL PROCEDURE CODE - Order VII Rule 11 CPC - Rejection of Plaint - Maintainability of Suit - Jurisdiction of Civil Court - Cancellation ... The trial court rejected the plaint under Order VII Rule 11 CPC, holding that the suit was barred under Section 207 of the Rajasthan ... The court held that the trial court erred in rejecting the plaint without registering the suit. ... court qua the said la....
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