clear that every suit shall be instituted by presenting a
plaint in duplicate to the Court but the same is not
accompanied with the plaint ... defence is that plaint is not accompanied by duplicate
plaint and the said ground has not urged before the Trial
Court and also contend that
Rule 1 of C.P.C ., the
original plaint would re-surface and the amended plaint
cannot be read at all. The trial Court ... copies of the plaint in the suit. The
trial Court could always take into consideration the second
copy of the plaint (duplicate) which does
action in the suit, rejection of the
plaint is simplicitor. Whereas, taking recourse to
rejection of the plaint under clause (c) of Rule 11 would ... Likewise, plaint can also be rejected under clause (e)
wherein plaintiff does not file the plaint in duplicate as
required under Order 7 Rule
states that every suit shall
be instituted by presenting a plaint in duplicate to the
- 17 -
Court or such officer as it appoints in this ... speaks on the rejection of
the plaint and it reads as under:
"11. Rejection of plaint-- The plaint shall be
rejected in the following
plaint the
moment it finds that the plaint does not disclose
cause of action, or from a statement made in the
plaint, the suit ... valuation or to
supply requisite stamp or to file the plaint in
duplicate or to comply with the provisions of Rule
9 of Order
under: : : |
(1) Every suit shail be instituted by presenting a plaint in"
duplicate to the court or such officer as it appoinis
this suit. The said assertions are nothing but
duplication of averments made in the plaint in O.S.No.211/2005. It
is further stated
this suit. The said assertions are nothing but
duplication of averments made in the plaint in O.S.No.211/2005. It
is further stated
plaint. It is, therefore, necessary to notice Order VII Rule
11 CPC . It reads as follows:
"11. Rejection of plaint.--The plaint shall ... 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
look at the provisions which
reads there-
"11. Rejection of plaint.
The plaint shall be rejected in the following cases-
(a) where it does ... from the statement in
the plaint to be barred by any law.
e) where it is not filed in duplicates
f) where plaintiff fails
