Sample Application of rejection of plaint under Order 7 Rule 11

IN THE COURT OF THE LD. …………. CIVIL JUDGE, ( Sr.Dv) at (District Name)

T.S.No.-…………. of …………….

……………………. …………………………..Plaintiff

VS

…………………………………………………….Defendant

An application under Order 7 Rule 11 r/w section 151 of CPC

That the plaintiff has filed this suit purportedly for eviction of the defendant and for damages.

That primarily the allegations of the plaintiff is that the father of the plaintiff-Late Sivaji Sen, Director of
M/S PEC Boilers(Pvt)Ltd was the original tenant and he undertook before hs untimely death to vacate
the suit premises by the year 2003.

That it is the further case of the plaintiff that as the original tenant having not extended the tenancy
before his death, the said tenancy comes to end with his death on ……….

That it s the further case of the plaintiff that the rate of rent of the suit premises having been more that
Rs 6500/-, he is not eligible for protection under West Bengal Premises of Tenancy Act and he is liable to
be evicted under the provision of section 106 of Transfer of Property Act.

That the plaintiff has further contended that he has already sent a notice determining the tenancy u/s
106 of the Transfer of Property Act and hence the instant suit has been filed under the provisions of
Transfer of Property Act.

That the plaintiff on the other hand has categorically contended in his pleading vide paragraph no.11
that the defendant is not a tenant. The relevant portion of the pleading has been reproduced here as
follows- “ That the defendant hs left the said premises and has been residing elsewhere and in all
material times the portion of the said tenancy is lying vacant thereby he has no legal right to occupy the
premises and cause inconvenience to the plaintiff. More so, at no point of time the defendant asked the
plaintiff to transfer the tenancy in his name and nor he has paid or tendered full amount of rent thereby
there is no landlord-tenancy relationship between the plaintiff and the defendant. The defendant is
thereby occupying the suit premises in an unlawful manner.’’

That the plaintiff has also stated in his pleading that the defendant is illegally occupying the suit
premises as a trespasser. Therefore according to the plaintiff the defendant is a trespasser.
That on the basis of the unequivocal contention of the plaintiff that the defendant s not a tenant at all
and there is no relationship of landlord and the tenant, this suit has got no legs to stand.

That the plaintiff having conceded the defendant as not a tenant, rather a trespasser, the present sut for
eviction of the defendant under the Provision of Transfer of Property Act is totally barred by law.

That because of this contention the present suit for eviction of the defendant does not disclose any
cause of action.

That on the bare perusal of the pleading of the plaintiff it becomes quite clear that the plaintiff does not
consider the defendant as a tenant and on the contrary he has clearly contended that such relationship
is absolutely absent between the parties herein. According to the plaintiff the defendant is rather a
trespasser.

That if that being the case of the plaintiff then the present suit under the provision of the Transfer of
Puppetry Act can not surely be maintainable as having not only barred by law but also having disclosing
no cause of action to sue the defendant under the provision of the Transfer of Property Act.

That it is the established principle of law that while considering the question of rejection of plaint, the
court needs to peruse the plaint only and on bare perusal t becomes quite clear that the plaint does not
disclose any cause of action ro is barred by law then the court need not look into any other document
and the suit should be nipped in the bud.

That while considering this aspect the court should be careful to look beyond the clever drafting and see
on the root of the case as to whether the plaintiff has any cause of action or not. The provision of
rejection of plaint has been enacted to discourage the litigants from flooding the courts with frivolous
and vexatious claims. Whenever the court even on its own motion finds a suit to be deficient in having a
cause of action, such suit should be rejected so that there is no more any abuse of the process of the
court.

That the court can reject a plaint at any stage of proceeding if it is satisfied that the conditions of the
provision is satisfied. Clever drafting creating an illusion of cause of action are not permitted in law and a
clear right to sue must be shown in the plaint. Moreover, the power under order 7 rule 11 is not
exhaustive and the court has got inherent powers to see that the vexatious litigations are not allowed to
take or consume the time of the court. It is needless to submit that the provision for rejection of plaint is
mandatory and the court is bound to act if the plaint is found to be lacking in cause of action or
debarred to proceed ahead by any provision of law.

That if that being the position in law then in the context of pleading of the plaintiff this suit can not be
allowed to proceed ahead and the plaint should be rejected having disclosing no cause of action to sue
under the provision of Transfer of Property Act.

That the present petition s bona fide and for ends of justice.

That the petitioner would be prejudiced if the prayer for rejection of plaint is rejected. For ends of
justice this petition be allowed.
In the circumstances mentioned above it is therefore be prayed that your honour be pleased to reject
the plaint as provided for under the provision of order 7 rule 11 of cpc. And to pass such other order as
deemed fit and proper.

AFFIDAVIT

I Sri …………s/o …………………., aged about XX years , by faith hindu, by profession – business , resident of
…………………………, do hereby solemnly affirm and declare as follows:-

That I am the plaintiff of this case and as such I am fully conversant with the facts and circumstances of
the same.

That the statements mentioned above are true to my knowledge and belief.

Deponent

Identified by me

Advocate