Madras High Court
Administrative and Public LawCivil Procedure and Evidence

A plaint cannot be struck off under Article 227; rejection must be sought under Order VII Rule 11 CPC.

BALASUBRAMANIAM vs KANDASAMY

Madras High CourtJUDGMENT: October 07, 20262 MIN READSOURCE JUDGMENT
A plaint cannot be struck off under Article 227; rejection must be sought under Order VII Rule 11 CPC.. BALASUBRAMANIAM vs KANDASAMY. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The defendant in O.S. No. 279 of 2022, pending before the Subordinate Court, Mettur Dam, filed a civil revision petition under Article 227 seeking to strike off the plaint. He alleged that the plaintiff ran an unregistered company and that the suit concerned a chit transaction in which a promissory note had been misused.

Source reference: pp. 1–2

The High Court heard the petitioner’s counsel and considered whether the plaint could be struck off in this proceeding.

Source reference: p. 2
02

Issues

Whether the High Court could strike off the plaint in exercise of its supervisory jurisdiction under Article 227 of the Constitution.

Source reference: pp. 2–5

Whether the petitioner should instead seek rejection of the plaint before the trial court under Order VII Rule 11 CPC.

Source reference: pp. 5–6
03

Law Applied

Article 227 confers supervisory jurisdiction, to be exercised sparingly to keep subordinate courts within their jurisdiction; it cannot ordinarily be used to assume the trial court’s original jurisdiction or supplant a remedy provided by the CPC.

Source reference: pp. 2–5; K. Valarmathi v. Kumaresan, 2025 INSC 606

Order VII Rule 11 CPC specifies the grounds on which a trial court may reject a plaint; rejection is a deemed decree appealable under Section 96 CPC.

Source reference: pp. 3–4

The Court also relied on P. Suresh v. D. Kalaivani, reported in 2026 (7) SCC 644, for the proposition that a party seeking rejection of a plaint must pursue Order VII Rule 11 CPC rather than seek that relief under Article 227.

Source reference: p. 5
04

Reasoning

The petitioner sought the substantive relief of striking off the plaint on grounds concerning the plaintiff’s alleged unregistered status and the nature and alleged misuse of the promissory note.

Source reference: p. 2

The Court held that Article 227 was not the proper route to obtain that relief: the CPC provides a specific procedure under Order VII Rule 11, and the trial court must consider any such application in the first instance.

Source reference: pp. 3–6

It therefore left the petitioner’s substantive grounds undecided and directed that they could be raised before the trial court in accordance with law.

Source reference: p. 6
05

Holding

The revision petition was dismissed without consideration of the merits.

The petitioner was granted liberty to apply to the trial court for rejection of the plaint under Order VII Rule 11 CPC; the trial court was directed to consider that application independently. No order as to costs was made.

Source reference: p. 6
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Civil Procedure, 19082

Madras High Court

Original Court PDF

BALASUBRAMANIAMvsKANDASAMY

Madras High Court · October 07, 2026

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