13. Where rejection of plaint does not preclude presentation of fresh plaint.—The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.
Order VII Rule 13 CPC: Where rejection of plaint does not preclude presentation of fresh plaint
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
Rejection of a plaint on any of the grounds in rule 11 does not of its own force prevent the plaintiff from presenting a fresh plaint in respect of the same cause of action.
Order VII: Plaint
- 1 Particulars to be contained in plaint
- 2 In money suits
- 3 Where the subject-matter of the suit is immovable property
- 4 When plaintiff sues as representative
- 5 Defendant’s interest and liability to be shown
- 6 Grounds of exemption from limitation law
- 7 Relief to be specifically stated
- 8 Relief founded on separate grounds
- 9 Procedure on admitting plaint
- 10 Return of plaint
- 10A Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return
- 10B Power of appellate Court to transfer suit to the proper Court
- 11 Rejection of plaint
- 12 Procedure on rejecting plaint
- 13 Where rejection of plaint does not preclude presentation of fresh plaint
- 14 Production of document on which plaintiff sues or relies
- 15 Statement in case of documents not in plaintiff’s possession or powers (Omitted)
- 16 Suits on lost negotiable instruments
- 17 Production of shop-book
- 18 Inadmissibility of document not produced when plaint filed (Omitted)