What Is a Plaint?
A plaint is the written statement of the plaintiff that initiates a civil suit. It outlines the cause of action, parties involved, and the relief sought. However, if the plaint does not meet legal standards, the court can either return it for correction or reject it altogether.
What Is the Return of Plaint?
Legal Basis:
Order VII Rule 10 of CPC
Meaning:
The court returns a plaint when it lacks jurisdiction—territorial, pecuniary, or subject-matter—or was filed in the wrong court. Return of plaint is not a dismissal. It allows the plaintiff to file it again in the appropriate court after correction.
Example:
If a plaintiff files a land dispute case in a court that does not have territorial jurisdiction, the court returns the plaint to be presented to the correct court.
What Is the Rejection of Plaint?
Legal Basis:
Order VII Rule 11 of CPC
Meaning:
The court rejects a plaint when it suffers from fatal defects, such as lack of cause of action or when the suit is barred by law. Rejection results in the termination of the suit.
Example:
If a plaintiff files a time-barred suit or fails to mention any cause of action, the court rejects the plaint.
Key Differences Between Return and Rejection of Plaint
The following points highlight the main differences:
1. Legal Provision
- Return of Plaint: Governed by Order VII Rule 10 CPC
- Rejection of Plaint: Governed by Order VII Rule 11 CPC
2. Reason for Action
- Return of Plaint: Due to filing in a court without jurisdiction.
- Rejection of Plaint: Due to defects such as no cause of action, undervaluation, or being barred by law.
3. Nature of Defect
- Return: Rectifiable defect. The plaintiff can cure the defect and refile.
- Rejection: Non-rectifiable legal defect. The suit cannot proceed unless appealed.
4. Legal Effect
- Return of Plaint: Does not terminate the suit. The plaintiff may present it in the correct court.
- Rejection of Plaint: Terminates the suit. The plaintiff must appeal or file a fresh suit (if not barred).
5. Form of Order
- Return: Administrative direction to transfer to the proper court.
- Rejection: Judicial order. The court formally dismisses the plaint with reasons.
6. Remedy for Plaintiff
- Return: Refile in appropriate court. No appeal needed.
- Rejection: Appeal under Order XLIII Rule 1(a) CPC.
7. Res Judicata Effect
- Return: No bar on re-litigation. Suit remains alive.
- Rejection: If not appealed, rejection may bar future suits (depending on the reason for rejection).
8. Amendment Possibility
- Return: Plaintiff can correct the jurisdictional error.
- Rejection: No scope to amend within the same suit. Fresh suit may be needed.
Relevant Case Laws
1. K.K. Modi v. K.N. Modi (1998)
The Supreme Court held that frivolous or misconceived suits should not burden the judicial system and must be rejected under Order VII Rule 11.
2. Smt. R.K. Roja v. U.S. Rayudu (2016)
The Court explained that rejection under Rule 11 ends the suit, while return under Rule 10 gives the plaintiff a chance to correct jurisdictional errors.
3. Madan Mohan v. Krishan Kumar (2008)
The Court clarified that when the issue is only jurisdiction, the proper remedy is return, not rejection.
Judicial Perspective
Courts maintain a clear distinction between these two remedies. Return helps avoid delay and saves judicial time by allowing correction. Rejection prevents abuse of the process and ensures only legally valid suits proceed.
Practical Scenario to Understand Better
Scenario 1:
A person files a property suit in Delhi, but the property lies in Pune. The Delhi court will return the plaint for lack of territorial jurisdiction.
Scenario 2:
Another person files a suit without stating any grievance or cause of action. The court will reject the plaint as it fails the basic requirement.
Memory Code: “P-J-R-D-J-A-S-R”
| Mnemonic | Return of Plaint | Rejection of Plaint |
|---|---|---|
| P | Provision: Order VII Rule 10 | Provision: Order VII Rule 11 |
| J | Jurisdiction error | Jurisdiction may exist, but legal flaws exist |
| R | Rectifiable defect | Legal defect – Non-rectifiable |
| D | Does not end the suit | Dismisses the suit completely |
| J | Just a transfer to correct court | Judicial rejection with reasoning |
| A | Appeal not necessary | Appeal required to challenge rejection |
| S | Suit continues after correction | Suit ends; may require fresh filing or appeal |
| R | Res judicata does not apply | Res judicata may apply if not challenged |
