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.
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
Questions on this rule
3 questions in 15 of our papers cite Order VII Rule 13. Try these from the free papers:
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. 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?