Decoding Order 7 Rule 11: The Gatekeeper Against Frivolous Lawsuits

While presiding over the Krishna Janmabhoomi-Shahi Idgah case, an application was moved by the Muslim side under Order 7 Rule 11 of the Civil Procedure Code before the Allahabad High Court. It is important for the reader to understand what Order 7 Rule 11 entails.

What Does The Definition Say?

As per Order 7 Rule 11 of the Code of Civil Procedure:

“11. Rejection of plaint. — 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, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;
(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be barred by any law;
(e) where it is not filed in duplicate;
(f) where the plaintiff fails to comply with the provisions of rule 9.”

What Does This Order Mean?

Order VII, Rule 11, outlines the specific grounds on which a court can dismiss a complaint. The purpose of granting these powers to the court is to minimize frivolous and baseless lawsuits. As mentioned above in the definition, there are grounds mentioned, which, if not complied with, then the complaint is rejected. The reasons are as follows:

1. Failure to Identify a Cause of Action: A complaint may be dismissed if it fails to identify a cause of action. A group of circumstances necessary to support the right to sue is called a cause of action.
2. Relief Claimed is Undervalued: If the plaintiff fails to alter the valuation within a defined time frame after the court orders them to do so, the relief claimed is undervalued.
3. Insufficiently Stamped: If the plaintiff fails to remedy the inadequacy within the court-mandated time frame and the complaint is written on paper that is not suitably stamped,.
4. Barred by Law: If it seems from the complaint that the lawsuit is prohibited by any law,.

The Importance Of This Order

Order 7 Rule 11 serves multiple important functions, as it primarily prevents frivolous litigation by filtering out unfeasible cases from the start, thereby allowing the judiciary to focus on matters with genuine merit. This order facilitates promoting judicial economy by rejecting non-compliant plaints, thus conserving court resources and expediting case resolution, and it ensures adherence to legal standards by requiring plaintiffs to follow procedural rules, such as correctly valuing relief and properly stamping documents, which are essential for the efficient operation of the legal system.