CPC Case Brief – Devnarayan Ramsumar Tewari vs State Of Bombay

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Facts: – A plaint was rejected by the trial Court, and in appeal, that order was reversed by the Appellate Court, which directed the trial Court to proceed with the suit. It is therefore against this order of the appellate court that the appeal has been filed.
The plaint was rejected by the trial Court after issues had been framed by it. So the order is clearly wrong. Under Order 14, Rule 1, Civil. Procedure Code, issues are framed at the first hearing of the suit i.e. after the suit has been admitted under Order 7, Rule 9, Civil Procedure Code. When a suit has been admitted under Order 7, Rule 9, Civil Procedure Code, it cannot be rejected under Order 7, Rule 11, Civil Procedure Code.
Issue: – At what stage can the courts reject a plaint? Can it be rejected post framing of the issues
Holding: – A plaint cannot be rejected after the issues are framed. It is also clear from Order 9, Civil Procedure Code, that after summons are served on the defendants, the suit can be dismissed but the plaint cannot be rejected. The lower appellate Court was therefore right in setting aside the order of rejection of the plaint,
Thus, on the whole, we are satisfied that the trial court was right in returning the plaint to the plaintiff for being presented to the proper court. We, therefore, affirm the order returning the plaint.
In this case, there was a conflict between application of section 16 and 20. It was then said that section 20 is subject to the limitations of section 16 and therefore when section 16 is applicable, section 20 will not be relied upon.

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