Rejection of Plaint - Order & Rule 11 (b) of CPC

2011(4) CURRENT TAMILNADU CASES – Page 536

Order 7 Rule 11 (b) of CPC – Plaint rejected without granting opportunity to pay deficit court fee – Mandatory provision contemplated under Rule 11(b) not followed – Order of trial court set-aside. Trial court rejected plaint under Order 7 Rule 11 (b) of CPC without granting opportunity to pay deficit court fee – Revision preferred – Alternative remedy by way of appeal may not be effective an remedy – Suit on hand is one for declaration and injunction – Trial court without evidence dismissed suit- Appellate court cannot decide issue without evidence – Appeal remedy available may not be an effective remedy – To prevent abuse of process of court and to prevent mis-carriage of justice, held, revision maintainable.