Case Note & Summary
The petitioners, who are the plaintiffs in O.S. No.60/2021 pending before the Prl. Senior Civil Judge and JMFC, Jamkhandi, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 24.01.2025 passed by the trial court. By that order, the trial court rejected the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) without issuing any notice or providing an opportunity of hearing to the plaintiffs. The High Court observed that the impugned order was passed in gross violation of principles of natural justice. The court noted that the trial court ought to have issued notice to the plaintiffs before proceeding to reject the plaint. Consequently, the High Court allowed the writ petition, quashed the impugned order, and restored the suit to its original number, directing the trial court to proceed with the suit in accordance with law. The court also dispensed with notice to the respondents in view of the proposed order.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Natural Justice - The trial court rejected the plaint under Order VII Rule 11 CPC without issuing notice or providing an opportunity of hearing to the plaintiffs. The High Court held that such an order is in violation of principles of natural justice and set aside the impugned order, restoring the suit to its original number. (Paras 1-5)
Issue of Consideration
Whether the trial court could reject the plaint under Order VII Rule 11 CPC without affording an opportunity of hearing to the plaintiffs?
Final Decision
The writ petition is allowed. The impugned order dated 24.01.2025 passed by the Prl. Senior Civil Judge and JMFC, Jamkhandi, in O.S. No.60/2021 is quashed. The suit is restored to its original number. The trial court is directed to proceed with the suit in accordance with law.
Law Points
- Order VII Rule 11 CPC
- Natural Justice
- Opportunity of Hearing
- Rejection of Plaint
- Article 227 Constitution of India
Case Details
2025 LawText (KAR) (02) 40
WP No. 100955 of 2025 (GM-CPC)
Ramappa S/o Kareppa Jonganavar and others
Smt. Mayawwa W/o Mayappa Karigar and others
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Nature of Litigation
Civil writ petition under Article 227 of the Constitution of India challenging an order rejecting plaint under Order VII Rule 11 CPC.
Remedy Sought
Petitioners sought a writ of certiorari to quash the order dated 24.01.2025 passed by the Prl. Senior Civil Judge and JMFC, Jamkhandi, in O.S. No.60/2021, and to restore the suit.
Filing Reason
The trial court rejected the plaint under Order VII Rule 11 CPC without issuing notice or providing an opportunity of hearing to the plaintiffs.
Previous Decisions
The trial court passed the impugned order on 24.01.2025 in O.S. No.60/2021 rejecting the plaint.
Issues
Whether the trial court could reject the plaint under Order VII Rule 11 CPC without affording an opportunity of hearing to the plaintiffs?
Submissions/Arguments
The petitioners argued that the impugned order was passed in violation of principles of natural justice as no notice or opportunity of hearing was given before rejecting the plaint.
Ratio Decidendi
An order rejecting a plaint under Order VII Rule 11 CPC without issuing notice or providing an opportunity of hearing to the plaintiffs is in gross violation of principles of natural justice and is liable to be set aside.
Judgment Excerpts
Notice to the respondents is dispensed with in view of the proposed order to be passed.
The petitioners are before this Court seeking for the following reliefs: ...
The impugned order has been passed without issuing any notice to the petitioners and without providing an opportunity of hearing to them.
The said order is in gross violation of principles of natural justice.
Accordingly, the writ petition is allowed.
Procedural History
The petitioners filed O.S. No.60/2021 before the Prl. Senior Civil Judge and JMFC, Jamkhandi. On 24.01.2025, the trial court passed an order rejecting the plaint under Order VII Rule 11 CPC without notice or hearing. The petitioners then filed the present writ petition under Article 227 of the Constitution of India challenging that order.
Acts & Sections
- Code of Civil Procedure, 1908: Order VII Rule 11
- Constitution of India: Article 227
