The question (15 marks)
Explain the provisions for the return and for the rejection of a plaint. On what material does a court decide an application under Order VII Rule 11, at what stage may it do so, and what is the effect of an order of rejection? (15 marks)
MU Module II, head 2.3
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Of Suits of Civil Procedure Code 1908 and Limitation Act 1963.
Authorities you will need
- Saleem Bhai v State of Maharashtra
- Code of Civil Procedure 1908, Order VII Rules 10 to 13
- Code of Civil Procedure 1908, s. 2(2), which makes the rejection of a plaint a decree
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.