
Order VII Rule 11 | Amendment of Plaint Must Precede Rejection for Technical Defects Unless Jurisdiction Is Seriously Impugned : Bombay HC
The Bombay High Court ruled that when a plaint is challenged under Order VII Rule 11 for technical defects-such as inadequate court fee or lack of positive declaration-the court must first allow amendment rather than reject the suit outright. This procedural safeguard prevents unnecessary re-filing, reduces litigation burden, and protects plaintiffs from being penalized for curable formalities, reinforcing procedural justice in civil litigation.
