Part rejection of plaint under Order VII Rule 11 CPC- whether allowed?

 

Short answer is NO. Plaint can only be rejected in full i.e. in entirety.

The rationale for the said view is that under order vii rule 11, plaint can only be rejected in full and not in part as the word “plaint” has been used without any rider.

Thus, partly rejecting plaint against only few of the defendants, or partly rejecting plaint by striking off certain parts of plaint are not allowed under order vii rule 11 cpc.

The view has been taken in recent Supreme Court decision in judgment rendered in Sejal Glass Ltd. case.

The aforesaid judgment had set aside the judgment of the Delhi High Court in the same case which had partly rejected plaint against few defendants.

 The Supreme Court, the above case, also remarks that if certain parts are to be struck off, the power would be in order vi rule 16 CPC.

Similarly, if a party is to be deleted, the power would be in Order 1 Rule 10 CPC.

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