# Order VII Rule 11: end a bad suit early.

> Four grounds, two of which need the court to fix time first. And rejection is not always the end.

- Topic: Courts and procedure
- For: Advocates
- A 9-slide carousel: https://failegal.site/media/order-vii-rule-11-end-a-bad-suit-early-plaint
- Published by FAI Legal on 2026-10-10

## Four grounds. Only four.

The plaint shall be rejected in these cases.

> "(a) where it does not disclose a cause of action; (b) where the relief claimed is under valued, 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 written upon paper insufficiently stamped, and the plaintiff, on being required … fails to do so; (d) where the suit appears from the statement in the plaint to be barred by any law." (Code of Civil Procedure, 1908 · Order VII Rule 11)

## (b) and (c): a chance first.

Two grounds need the court to fix time before rejecting.

- **(a) No cause of action** Read from the plaint itself.
- **(b) Under-valued** Only after time to correct the valuation, and failure.
- **(c) Insufficient stamp** Only after time to supply stamp paper, and failure.
- **(d) Barred by any law** As it appears from the statement in the plaint.

## Quick quiz. Which clause?

Guess first, then swipe for the answer.

- **A. No cause of action**
- **B. Insufficient stamp**
- **C. Barred by any law**

## Answer: C. Barred by law.

Limitation is a bar by law.

- **O.VII R.11(d)** Suit barred by any law, as appears from the plaint.
- **Limitation Act, s.3** A suit after the period shall be dismissed even if limitation is not set up as a defence.

## Myth or fact?

Know what rejection does, and does not, do.

- **Myth: Once the plaint is rejected, the claim is gone for good.**
- **Fact: Rejection does not of its own force bar a fresh plaint on the same cause of action (O.VII R.13).**

## Reasons, then appeal.

The Judge must record the order with reasons (O.VII R.12). Rejection is a decree, so an appeal lies (s.96).

> "It shall be deemed to include the rejection of a plaint" (Code of Civil Procedure, 1908 · Section 2(2))

## The rule. The case law.

Ask FAI. It gives the exact rule and the judgments on when courts reject.

- **Can a plaint be rejected under O.VII R.11 on the basis of the written statement?**
- **Judgments where the plaint was rejected as time-barred under clause (d).**

## What this does not mean

- Under-valuation and insufficient stamp are not grounds for instant rejection. The court must first fix time to correct it, and the plaintiff must fail to do so.
- Grounds (a) and (d) are judged from the plaint itself.
- Rejection does not of its own force bar a fresh plaint on the same cause of action (O.VII R.13).

## Questions people ask

### What is Order VII Rule 11 CPC?

It lists four grounds on which a plaint shall be rejected: no cause of action, under-valued relief not corrected in time, insufficient stamp not supplied in time, and a suit that appears from the plaint to be barred by any law.

### Can a plaint be rejected because the suit is time-barred?

Yes. Limitation is a bar by law under O.VII R.11(d), and section 3 of the Limitation Act says a suit filed after the period shall be dismissed even if limitation is not set up as a defence.

### Can I file a fresh suit after my plaint is rejected?

Rejection does not of its own force bar a fresh plaint on the same cause of action (O.VII R.13).

### Can I appeal against rejection of plaint in Pakistan?

Yes. Rejection of a plaint is deemed a decree under section 2(2) CPC, so an appeal lies under s.96. The Judge must record the order with reasons (O.VII R.12).

### Can a court reject a plaint straight away for insufficient stamp paper?

No. Under clause (c), the court must first require the plaintiff to supply the stamp paper within a fixed time, and reject only if he fails.

## Sources

- Code of Civil Procedure, 1908 · Order VII Rule 11: Rejection of plaint
- Code of Civil Procedure, 1908 · Section 2(2): "Decree"

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