On rejection of a suit under Order VII, Rule 11 of Code of Civil Procedure, a fresh suit on the same cause of action under Order VII, Rule 13 of Code of Civil Procedure

Solution (By Examveda Team)

Order VII, Rule 11 of the Code of Civil Procedure, 1908
Order VII, Rule 11 of the CPC provides the grounds for the rejection of a plaint. A court may reject a plaint if it does not disclose a cause of action, is barred by law, lacks necessary court fees, or is filed in a court without jurisdiction. This provision ensures that frivolous or legally untenable suits do not proceed to trial.

Order VII, Rule 13 of the Code of Civil Procedure, 1908
Order VII, Rule 13 states that the rejection of a plaint under Rule 11 does not preclude the plaintiff from filing a fresh suit on the same cause of action. This means that rejection of a plaint does not operate as a bar to a new suit, provided that the defects leading to the rejection are rectified in the subsequent filing.

Explanation of the Correct Answer
The correct answer is Option B: Is not barred at all.

Why Option B is Correct?
Order VII, Rule 13 clearly states that when a plaint is rejected under Rule 11, the plaintiff is not barred from filing a fresh suit on the same cause of action. Unlike dismissal on merits, which creates a res judicata bar, rejection under Rule 11 is procedural in nature and does not prevent the plaintiff from refiling the suit with necessary corrections.

Why Other Options Are Incorrect?
Option A: "Is barred under all circumstances" – Incorrect, because Rule 13 explicitly permits the filing of a fresh suit after rejection.

Option C: "Can be filed with the leave of the court" – Incorrect, because there is no requirement under Rule 13 to obtain permission from the court. The plaintiff can refile the suit independently.

Option D: "Either B or C" – Incorrect, because only Option B is correct. There is no requirement to seek the court's leave for refiling the suit.

Conclusion
Since Order VII, Rule 13 explicitly allows a fresh suit after rejection under Rule 11, the correct answer is Option B: Is not barred at all.