Application for rejection of plaint (Order VII Rule 11 CPC)

A defendant's application to reject a plaint: no cause of action, undervalued, court fee short, or barred by law on its own statements.

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How the paper begins

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IN THE COURT OF Civil Judge (Junior Division), Amarnagar

Civil Suit No. 598 of 2026

Rohan Kumar son of Shri Om Prakash, aged about 37 years, resident of House No. 12, Street No. 3, Nanak Nagar, Amarnagar, Tehsil and District Amarnagar, Punjab

…Plaintiff

Versus

Kabir Sharma son of Shri Dev Sharma, aged about 44 years, resident of House No. 7, Basant Vihar, Amarnagar, Tehsil and District Amarnagar, Punjab

…Defendant / Applicant

APPLICATION ON BEHALF OF THE DEFENDANT UNDER ORDER VII RULE 11 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR REJECTION OF THE PLAINT

Respectfully Showeth:

1.That the plaintiff has filed the above suit against the applicant for recovery of ₹2,45,000 said to have been lent on 15-06-2021.

2.That on a plain reading of the plaint and the documents filed with it, which alone are to be seen for deciding this application, the plaint is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 on the following grounds:

(a)The relief is properly valued, but the court fee paid is insufficient (clause (c)): the plaintiff also claims ₹88,000 as interest, but has paid court fee only on ₹2,45,000; if the plaintiff, on being required by this Court, does not make up the deficiency within the time fixed, the plaint must be rejected;

The rest of the paper is in Dastavo.

What to bring

Papers to bring

The summons, and the copy of the plaint and documents you received with it
For undervaluation or short court fee: the plaint's valuation paragraph, and anything in its own documents that shows the real value
For a bar by law: the law or the earlier case that bars the suit, as the plaint itself shows it
Your identity proof, and a vakalatnama in favour of your advocate, signed by you

Where to go

Filed through your advocate in the civil court where the suit is pending, usually at the start, before or with the written statement; the court decides it on the plaint and its documents alone.

Fee

Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.

Good to know

Unless the court says otherwise, keep to the time for the written statement while this is pending; ask your advocate.
Your defence on the facts goes in the written statement, not here; if the valuation or court fee is short, the court usually first gives the plaintiff time to correct it.

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee on a plaint, petition or appeal depends on the relief and its valuation under the state's court-fee law; affix the court-fee stamps (or the e-court-fee receipt) and any welfare stamps as the court office directs.