Order 7 MCQ Quiz - Objective Question with Answer for Order 7 - Download Free PDF

The correct answer is Order 7 Rule 11 (a)

Key Points

• Order 7 Rule 11(a) of the Civil Procedure Code, 1908 provides that a plaint shall be rejected if it does not disclose a cause of action.
• A cause of action is the foundation of a suit—if a plaint lacks this, it means there is no legal basis to initiate the suit.
• The court can examine the contents of the plaint only (not the defence) to determine whether a cause of action exists.
• This provision ensures that frivolous or baseless suits are not entertained.

Additional Information

• Option 2. Order 7 Rule 11(b) – Deals with plaint rejection due to non-payment of court fee.
• Option 3. Order 7 Rule 11(c) – Relates to failure to correct court fee defects within the allowed time.
• Option 4. Order 7 Rule 11(d) – Applies when the suit is barred by law, not due to absence of cause of action.

The correct answer is Plaint

Key Points

• Plaint is the formal written statement of a plaintiff setting out the facts and legal grounds on which the suit is based.
• It serves as the statement of claim in a civil suit.
• By filing the plaint, the plaintiff institutes the suit before the court.
• It contains the relief sought by the plaintiff from the court.
• It initiates the legal proceedings by outlining the cause of action against the defendant.
• The plaint is governed by Order 7 of the Civil Procedure Code, 1908.

Additional Information

• Option 1. Affidavit: A sworn statement made before an authority, not a statement instituting a suit.
• Option 2. Written-statement: A defendant’s reply to the plaint, not the initial claim document.
• option 3. Counter-claim: A claim made by the defendant against the plaintiff, not the original suit document.

Key Points

 Order 7 Rule 11 of the CPCThe Code of Civil Procedure, 1908, outlines the procedures for all civil litigations. When a civil suit is instituted, the Court is obligated to examine whether the suit is legally maintainable. Based on this scrutiny, the Court may:

• Accept the plaint,
• Reject the plaint, or
• Return the plaint to the plaintiff or the party who filed it.

To carry out this duty, Order 7 Rule 11 provides the specific grounds on which a plaint may be rejected.

• Before examining those grounds, it is essential to understand that filing a plaint is the first and essential step (sine qua non) to initiate a civil suit.
• Accordingly, every Court is required to assess the plaint to ensure its admissibility and legal validity.

The correct answer is Plaint and Written Statement

Key Points

• Under Order VI Rule 1 of the Civil Procedure Code (CPC), 1908, "pleading" means plaint or written statement.
• Plaint:
  • Filed by the plaintiff, it contains the claims, facts, and legal grounds of the suit.
• Written Statement:
  • Filed by the defendant, it contains the defense, denials, admissions, or counterclaims against the plaint.
• Purpose of Pleadings:
  • To define the issues in dispute, inform the parties of each other’s positions, and avoid surprises during the trial.

Additional Information

• Option 2. Affidavit is Incorrect – An affidavit is a sworn statement of facts, not a pleading under CPC.
• Option 3. Order of Court is Incorrect – An order is a formal direction by a court, not part of pleadings.
• Option 4. Decree of Court is Incorrect – A decree is the final adjudication of rights, not a pleading document.

The correct answer is option 2.Key Points

• Rule 13 of O.7 deals with Where rejection of plaint does not preclude presentation of fresh plaint.
• It says the rejection of the plaint on any of the grounds  mentioned under rule 12 of O.7 shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Additional Information

• Rule 11 of O. 7 deals with Rejection of plaint.
• It says the plaint shall be rejected in the following cases:—
  • (a) Where it does not disclose a cause of action;
  • (b) Where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;
  • (c) Where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
  • (d) Where the suit appears from the statement in the plaint to be barred by any law;
  • (e) Where it is not filed in duplicate;
  • (f) Where the plaintiff fails to comply with the provisions of rule 9

The correct answer is option 2.Key Points

• Rule 13 of O.7 deals with Where rejection of plaint does not preclude presentation of fresh plaint.
• It says the rejection of the plaint on any of the grounds  mentioned under rule 12 of O.7 shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Additional Information

• Rule 11 of O. 7 deals with Rejection of plaint.
• It says the plaint shall be rejected in the following cases:—
  • (a) Where it does not disclose a cause of action;
  • (b) Where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;
  • (c) Where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
  • (d) Where the suit appears from the statement in the plaint to be barred by any law;
  • (e) Where it is not filed in duplicate;
  • (f) Where the plaintiff fails to comply with the provisions of rule 9

The correct answer is Option 1.

Key PointsRejection of plaint (Order 7 Rule 11) 

• Rule 11 under Order VII of Code of Civil Procedure, 1908 delineates certain grounds under which the Court shall reject a Plaint.
  • where it does not disclose a cause of action;
  • where the relief claimed is undervalued, and the Plaintiff, on being required by the court to correct the valuation within a time to be fixed by the Court, fails to do so;
  • where the relief claimed is properly valued, but the Plaint is written upon paper insufficiently stamped, and the Plaintiff, on being required by the Court to supply the requisite stamp paper within a time to be fixed by the Court, fails to do so;
  • where the Suit appears from the statement in the Plaint to be barred by any law;
  • where it is not filed in duplicate;
  • where the Plaintiff fails comply with the provision of Rule 9 (which specifies the procedure after admission of the Plaint).
• The Court must record the reasons for rejecting a plaint. A rejection of a plaint does not, by itself, preclude the plaintiff from presenting a fresh plaint on the same cause of action (Rule 13). The leave of the court is not required in such a case. An order rejecting a plaint is appealable. 

The correct answer is option 4.Key Points

• Order 7 under Civil Procedure Code 1908 deals with Plaint.
• Order 7 rule 11 deals with Rejection of plaint.
• The plaint shall be rejected in the following cases:
  • Where it does not disclose a cause of action;
  • Where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;
  • Where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
  • Where the suit appears from the statement in the plaint to be barred by any law;
  • Where it is not filed in duplicate;
  • Where the plaintiff fails to comply with the provisions of rule 9

​Additional Information

•  In case of Plaint is filed in a court of incompetent jurisdiction, it is generally returned by court under Rule 10 of Order 7.

Key Points

• Under Order 7 Rule 13 of the Code of Civil Procedure, 1908, it is clearly provided that:
• "The rejection of the plaint on any of the grounds in Rule 11 shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action."
• However, this applies only if the rejection was due to a curable defect, like:
  • Non-payment of court fees,
  • Non-disclosure of cause of action,
  • Lack of jurisdiction,
  • Not properly signed, verified, etc.
• BUT — if the plaint is rejected because it does not disclose a cause of action (Order 7 Rule 11(a)) or is barred by law (Order 7 Rule 11(d)), then the plaintiff cannot file a fresh suit on the same cause of action, as doing so would be an abuse of process.
• Hence, generally:
  • If the rejection is on a substantive ground, no fresh suit is allowed.
  • If the rejection is due to a technical/correctable ground, fresh suit may be allowed.
  • Since the question is broadly worded, the correct answer in standard legal understanding is:
    • Cannot present the fresh suit – especially when rejection is based on substantial legal bars.

Additional Information

• May present the fresh suit – Only true in limited cases of curable defects, not a general rule.
• With the leave of the High Court only – No such requirement exists under CPC.
• None of the above – Incorrect because the correct rule is already stated.

The correct answer is Order 7 Rule 11 (a)

Key Points

• Order 7 Rule 11(a) of the Civil Procedure Code, 1908 provides that a plaint shall be rejected if it does not disclose a cause of action.
• A cause of action is the foundation of a suit—if a plaint lacks this, it means there is no legal basis to initiate the suit.
• The court can examine the contents of the plaint only (not the defence) to determine whether a cause of action exists.
• This provision ensures that frivolous or baseless suits are not entertained.

Additional Information

• Option 2. Order 7 Rule 11(b) – Deals with plaint rejection due to non-payment of court fee.
• Option 3. Order 7 Rule 11(c) – Relates to failure to correct court fee defects within the allowed time.
• Option 4. Order 7 Rule 11(d) – Applies when the suit is barred by law, not due to absence of cause of action.

The correct answer is Plaint

Key Points

• Plaint is the formal written statement of a plaintiff setting out the facts and legal grounds on which the suit is based.
• It serves as the statement of claim in a civil suit.
• By filing the plaint, the plaintiff institutes the suit before the court.
• It contains the relief sought by the plaintiff from the court.
• It initiates the legal proceedings by outlining the cause of action against the defendant.
• The plaint is governed by Order 7 of the Civil Procedure Code, 1908.

Additional Information

• Option 1. Affidavit: A sworn statement made before an authority, not a statement instituting a suit.
• Option 2. Written-statement: A defendant’s reply to the plaint, not the initial claim document.
• option 3. Counter-claim: A claim made by the defendant against the plaintiff, not the original suit document.

Key Points

 Order 7 Rule 11 of the CPCThe Code of Civil Procedure, 1908, outlines the procedures for all civil litigations. When a civil suit is instituted, the Court is obligated to examine whether the suit is legally maintainable. Based on this scrutiny, the Court may:

• Accept the plaint,
• Reject the plaint, or
• Return the plaint to the plaintiff or the party who filed it.

To carry out this duty, Order 7 Rule 11 provides the specific grounds on which a plaint may be rejected.

• Before examining those grounds, it is essential to understand that filing a plaint is the first and essential step (sine qua non) to initiate a civil suit.
• Accordingly, every Court is required to assess the plaint to ensure its admissibility and legal validity.

The correct answer is option 2.Key Points

• Rule 13 of O.7 deals with Where rejection of plaint does not preclude presentation of fresh plaint.
• It says the rejection of the plaint on any of the grounds  mentioned under rule 12 of O.7 shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Additional Information

• Rule 11 of O. 7 deals with Rejection of plaint.
• It says the plaint shall be rejected in the following cases:—
  • (a) Where it does not disclose a cause of action;
  • (b) Where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;
  • (c) Where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
  • (d) Where the suit appears from the statement in the plaint to be barred by any law;
  • (e) Where it is not filed in duplicate;
  • (f) Where the plaintiff fails to comply with the provisions of rule 9

The correct answer is option 2.

Key Points

• Production of shop-book is given under Order 7, Rule 17 of the Code of Civil Procedure, 1908.
• This rule specifies that except as otherwise provided by the Bankers' Books Evidence Act, 1891, when a plaintiff's suit is based on an entry in a shop-book or other account in their possession or power, they must produce the book or account at the time of filing the plaint, along with a copy of the entry on which they rely.
• The reason for this requirement is to ensure transparency and provide the court with concrete evidence to base its judgement on. By mandating the production of the shop-book or account, along with a copy of the relevant entry, the court can more accurately assess the merits of the plaintiff's claim.
• This rule helps in preventing fraudulent claims and assists in the fair administration of justice by providing a means to verify the claims made in a lawsuit.

The correct answer is option 2.

Key Points

•  Rule 2A of order 7 says Where interest is sought in the suit.—(1) Where the plaintiff seeks interests, the plaint shall contain a statement to that effect along with the details set out under sub-rules (2) and (3).
•  (2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, 1908 and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that.
•  (3) Pleadings shall also state—
  • (a) the rate at which interest is claimed;
  • (b) the date from which it is claimed;
  • (c) the date to which it is calculated;
  • (d) the total amount of interest claimed to the date calculation; and
  • (e) the daily rate at which interest accrues after the date.