Petition for Rejection of Plaint in Bangladesh: Legal Grounds, Procedure, and Case Strategy
In civil litigation, the plaint is the foundation of a suit. However, not all suits are maintainable in the eyes of the law. When a plaint lacks essential legal elements or violates legal norms, the court may reject the plaint. Furthermore, if the court does not exercise this power suo motu, the defendant can file a petition for rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908.
At TRW Law Firm, we frequently assist clients—both individuals and government institutions—in filing or contesting such petitions with precise legal grounds. This article elaborates the provisions under CPC, common grounds, the procedure, and real-life litigation insights from our experience.
Grounds for Rejection of a Plaint
🔹 1. No Cause of Action
If the plaint does not disclose a cause of action, the court may reject it. A cause of action refers to the facts that give the plaintiff the right to sue.
Example: A suit filed for mere academic discussion without showing actual harm or violation of right.
🔹 2. Undervalued Relief
If the plaintiff undervalues the relief and fails to correct the valuation within the time fixed by court, the plaint shall be rejected.
🔹 3. Insufficient Stamp
When a plaint is under-stamped, the court may allow rectification. Failure to pay proper court fees leads to rejection.
🔹 4. Suit Barred by Law
Where the suit appears from the statement in the plaint to be barred by any law, the court shall reject it. This includes suits filed in violation of:
- The Limitation Act
- The Administrative Tribunal Act, 1980
- Res judicata (barred by earlier decision)
🔹 5. Missing Procedural Compliance
Failure to comply with procedural requirements, such as:
- Not paying process fees for summons
- Failure to submit required documents
In such cases, based on Order VII Rule 9(1A), courts have upheld rejections.
Order VII Rule 11 CPC Explained
The power to reject a plaint is contained under Order VII Rule 11 of the Code of Civil Procedure, 1908. The rule reads:
The plaint shall be rejected in the following cases:
- Where it does not disclose a cause of action;
- Where the relief claimed is undervalued…
- Where the suit is barred by law…
- Where required documents or fees are not submitted.
TRW Law Firm uses this provision to protect clients from frivolous or barred suits.
When Can a Defendant Apply for Rejection?
A defendant may file a petition for rejection of plaint at any stage of the suit before judgment. The court may:
- Issue notice to the plaintiff,
- Hear both parties,
- Decide whether the plaint deserves rejection.
A rejection ends the suit in its entirety for the plaintiff, and the defendant is released from further litigation in that suit.
Inherent Power under Section 151 CPC
Where the grounds do not squarely fit into Rule 11, but the ends of justice require rejection, the court may act under Section 151 CPC.
This power is used sparingly to prevent abuse of court process or to remedy procedural injustice.
🧾 TRW Note
In several cases, TRW has assisted government clients in filing applications under both Order VII Rule 11 and Section 151 CPC simultaneously to ensure rejection when suits were filed in violation of statutory procedure.
TRW Case Study: Government Service Dispute Barred by Tribunal Law
📁 Case Fact:
A government teacher was dismissed without a show-cause notice. He filed a Title Suit No. 20 of 2016 before the 5th Joint District Judge, Dhaka seeking declaration under Section 42 of the Specific Relief Act.
⚖️ TRW Strategy:
TRW, representing the government, submitted a petition under Order VII Rule 11, asserting:
- The plaintiff was a government employee;
- The suit related to his service dismissal;
- Under Section 4 of the Administrative Tribunal Act, 1980, such matters must be tried by the Administrative Tribunal.
📜 Prayer for Rejection:
TRW submitted that the suit was barred by law, thus liable to be rejected under Rule 11(d) of Order VII CPC.
✅ Outcome:
The court allowed the petition, rejected the plaint, and upheld the exclusive jurisdiction of the Administrative Tribunal.
Legal Consequences of Rejection
When a plaint is rejected:
- The suit ends and cannot proceed in that form.
- The plaintiff may:
- File a fresh suit (if limitation allows), or
- Appeal against the rejection order (as it is a decree).
Sample Format of Petition for Rejection of Plaint
📝 IN THE COURT OF 5TH JOINT DISTRICT JUDGE, DHAKA
TITLE SUIT NO. 20 OF 2016
Defendant-Petitioner: Government of Bangladesh, represented by the District Commissioner, Dhaka
Plaintiff-Opposite Party: Azizul Hakim
Subject: Petition under Rule 11, Order VII CPC for Rejection of Plaint
Sheweth:
- That the plaintiff was a government school teacher dismissed by government order dated 01.01.2020.
- That the plaintiff filed the present suit seeking declaration under Section 42 of the Specific Relief Act.
- That under Section 4 of the Administrative Tribunal Act, the subject matter falls within exclusive jurisdiction of the Tribunal.
- That the present suit is barred by law and therefore not maintainable.
- That for ends of justice, the plaint must be rejected.
Prayer
The defendant-petitioner prays for rejection of the plaint under Order VII Rule 11(d) CPC and any other relief as deemed fit.
Sample Affidavit in Support
AFFIDAVIT
I, Md. Jahangir, aged 50 years, son of Abdul Hasan, employed in the Education Department, Secretariat, Dhaka, do hereby solemnly affirm:
- That I am the authorized representative in this suit.
- That the facts stated above are true to the best of my knowledge and belief.
Deponent Signature: ___________________
Notary Public / Advocate Seal: ___________________
Conclusion
The petition for rejection of plaint is a powerful legal remedy for defending parties in civil litigation. It prevents unnecessary trials and protects clients from suits that are procedurally or substantively defective.
At TRW Law Firm, our litigation team closely scrutinizes each suit and advises clients whether a petition for rejection is advisable. Whether representing corporate clients, individuals, or government bodies, we have consistently secured dismissals of non-maintainable suits, saving our clients time, money, and legal exposure.
Contact TRW Law Firm
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- +8801708000660
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Let TRW Law Firm help you use the law tactically to stop unmeritorious claims before they begin.