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Rejection Of Plaint Under Order 7 Rule 11 CPC: Impact Of Non-Disclosure Of Material Facts In The Plaint




Sahil Sachin Salve, Maharashtra National Law University, Mumbai


ABSTRACT:


The legal process involves crafting detailed pleadings crucial to a case's outcome, with material facts playing a pivotal role. Order VII Rule 11 of the Civil Procedure Code empowers courts to reject plaints, preserving legal integrity. However, the withholding of material facts can significantly impact litigation dynamics, leading to dismissals under Rule 11(a). Courts demand full disclosure to maintain fairness and discourage manipulative practices.


Despite legal mechanisms, identifying suppressed material facts remains challenging. A proposed solution involves allowing defendants to highlight such omissions, aiding in fairer judgments and deterring frivolous litigation. Transparency and ethical conduct are vital for justice, as seen in court rulings penalizing non-disclosure. The legal system's complexity underscores the need for clear procedures and adherence to principles. Embracing transparency, resolving disputes promptly, and empowering defendants against material fact suppression can enhance legal efficacy and public trust in judiciary integrity.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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