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Aim : Periodically previous year Kerala Judicial Service questions will be analyzed to benefit the aspirants.
KERALA JUDICIAL SERVICE EXAMINATION (PRELIMINARY ) – 2017 ( HELD IN 2018 )
QUESTION 1 – What are the materials on which the court can depend, for its decision under Order VII Rule 11 CPC ?
A) Pleadings of plaintiff
B) Pleadings of plaintiff and defendant
C) Pleadings of both sides and all materials produced by both sides
D) None of the above
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Order 7 Rule 11 of CPC, discusses Rejection of Plaint - whenever a plaint is filed in any civil court for any claim/compensation to be recovered from the opposite party it can be rejected by fulfilling the following conditions mentioned below.
GIST OF LEGAL PROVISION | ORDER VII RULE 11 | For more emphasis ref : Lawxpertsmv Kerala Judicial Servies Modules.
The plaint shall be rejected in the following cases:—
(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued or time given by court to correct but failed to do the same
(c) where the plaint is insufficiently stamped or time given by court to correct but failed to do the same.
(d) where the suit appears be barred by any law
ANSWER | OPTION A – The criterion mentioned in (a) to (b) could be studied only from pleadings of plaintiff , therefore pleadings of plaintiff must be relied to take decision under ORDER VII rule 11 CPC. Note – documents along with plaint can also be relied upon
RECENT UPDATE ON ORDER VII RULE 11 – SC judgement dated 9th July 2020 - DAHIBEN v. ARVINDBHAI KALYANJI BHANUSALI
HELD | The provision of Order VII Rule 11 is mandatory in nature - Order VII Rule 11 Code of Civil Procedure regarding 'Rejection of Plaint' is mandatory in nature.
Rationale given by court | The underlying object of Order VII Rule 11 (a) is that if in a suit, no cause of action is disclosed, or the suit is barred by limitation under Rule 11 (d), the Court would not permit the plaintiff to unnecessarily protract the proceedings in the suit. In such a case, it would be necessary to put an end to the sham litigation, so that further judicial time is not wasted. Lx Explains ! Learn with us !
Order VII rule 11 is mandatory in nature means – this provision is compulsory – we know Order 7 rule 11 (Briefly explained above ) gives on which grounds a plaint could be rejected thus if any of the grounds arise then it is compulsory on part of the court to reject the plaint, because allowing such a plaint would result in unnecessary protraction of suit. FOR MORE DETAILS REFER LX JUDICIAL SERVICE MODULES - CLICK HERE KERALA JUDICIAL SERVICE COURSE
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