Jharkhand High Court Rules on Defendant's Right to Seek Plaint Rejection

Introduction

In a recent case, the Jharkhand High Court clarified the procedural right of defendants to file for the rejection of a plaint under Order 7 Rule 11-D of the Civil Procedure Code (CPC), even if they have not yet submitted a written statement. This ruling addresses the handling of applications for plaint rejection based on procedural grounds, emphasizing a defendant’s right to challenge the maintainability of a suit early in the litigation process.

Case Background

The case involved a dispute where the respondent-plaintiff claimed property rights through adverse possession. In response, the defendant filed a motion under Order 7 Rule 11-D CPC for rejection of the plaint, asserting procedural inadequacies. The trial court initially denied this application, prompting the defendants to appeal to the high court.

Court’s Analysis and Decision

Justice Subhash Chand highlighted that once a suit is instituted and notice issued, the defendant has the right to request plaint rejection. The court observed that the trial court’s refusal was legally unsound, as the written statement is not a prerequisite for such an application. The high court emphasized that the right to file under Order 7 Rule 11-D should be viewed independently of the written statement's status.

Conclusion

This decision reinforces defendants' rights to seek rejection of suits on procedural grounds without needing to first submit a written statement, aligning with fair trial principles. The order sets aside the lower court's decision, strengthening defendants' early procedural options in litigation.

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