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THE FIRST SCHEDULE · ORDER VII Plaint

Order VII Rule 13: Where rejection of plaint does not preclude presentation of fresh plaint

The Code of Civil Procedure, 1908

The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Questions on this rule

3 questions in 15 of our papers cite Order VII Rule 13. Try these from the free papers:

  1. 1. Assertion (A): An order rejecting a plaint under Order VII Rule 11 CPC bars the plaintiff from presenting a fresh plaint on the same cause of action. Reason (R): An order rejecting a plaint is deemed to be a decree under Section 2(2) of the Code.

  2. 2. Section 12 of the Code of Civil Procedure, 1908 bars a further suit where the plaintiff is precluded by rules from instituting a further suit in respect of a particular cause of action. Which of the following rules has that effect?

Practise questions on Civil Procedure Code