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A civil court rejects a plaint because the plaintiff fails to provide the required copies within the…

Order VII rules 9 and 11(f) of the Code of Civil Procedure, 1908 govern the supply of copies and rejection for failure to comply. Under rule 13, that rejection by itself…

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A civil court rejects a plaint because the plaintiff fails to provide the required copies within the prescribed time. What effect does that rejection, by itself, have on a fresh plaint based on the same cause of action?

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Answer and explanation

Correct answer B

Order VII rules 9 and 11(f) of the Code of Civil Procedure, 1908 govern the supply of copies and rejection for failure to comply.

Under rule 13, that rejection by itself does not prevent a fresh plaint on the same cause of action. Independent bars may still apply.

Option feedback

Option A

Order VII rule 13 states that rejection by itself does not preclude a fresh plaint.

Option B

The new plaint may be presented, subject to any independent legal bar.

Option C

Rule 13 permits a fresh plaint and does not make it a continuation of the prior suit.

Option D

The rule does not make presentation of the fresh plaint depend on the defendant's consent.

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