The Supreme Court Of India Clarifies: Order II Rule 2 Of The Code Of Civil Procedure, 1908 Cannot Be A Ground For Rejection Of Plaint Under Order VII Rule 11(D) Of The Code Of Civil Procedure, 1908

A two judge bench of the Hon’ble Supreme Court of India (“Supreme Court”) in S. Valliammai and Ors. vs. S. Ramanathan and Anr. recently held that Order II Rule 2, Code of Civil Procedure, 1908 (“CPC”) cannot constitute a ground for rejection of plaint under Order VII Rule 11(d) of the CPC. The Supreme Court drew a critical distinction between the two provisions clarifying that while Order II Rule 2 curtails the right to sue for certain claims or reliefs, but it does not bar filing of a suit under Order VII Rule 11(d) of the CPC.

Please click here to read the full article by Ananya Kumar, Partner, and was published in Mondaq.