ORDER 7 RULE 11(d) – STATUTORY BAR CHART

Posted on February 28, 2026 by Admin

📘 ORDER 7 RULE 11(d) – STATUTORY BAR CHART

Sr	Statute	Relevant Provision	Nature of Bar	Leading Judgment

1️⃣ Commercial Courts Act, 2015

Section 12A – Mandatory Pre-Institution Mediation

🔹 If no urgent interim relief & mediation not done → plaint barred.
🔹 Rejection under O7R11(d).

Authority:
Patil Automation Private Limited v. Rakheja Engineers Private Limited (2022) 10 SCC 1

2️⃣ Limitation Act, 1963

Section 3 – Bar of limitation

🔹 If suit ex facie time-barred from plaint → reject.

Authority:
Dahiben v. Arvindbhai Kalyanji Bhanusali (2020) 7 SCC 366

3️⃣ Specific Relief Act, 1963

Section 41 – Injunction barred in certain cases

🔹 If plaint seeks injunction expressly prohibited under Sec 41 → reject.

4️⃣ Benami Transactions (Prohibition) Act, 1988

Section 4 – Suit to enforce benami right barred

🔹 Real owner cannot file civil suit claiming benami property.

Authority:
R. Rajagopal Reddy v. Padmini Chandrasekharan

5️⃣ SARFAESI Act, 2002

Section 34 – Civil Court jurisdiction barred

🔹 If matter relates to measures under Sec 13(4), civil suit barred.

Authority:
Mardia Chemicals Ltd. v. Union of India

6️⃣ Recovery of Debts & Bankruptcy Act, 1993 (RDDBFI Act)

Section 18 – Jurisdiction barred

🔹 Matters triable by DRT → Civil suit barred.

7️⃣ Arbitration & Conciliation Act, 1996

Section 8 & 5 – Judicial intervention limited

🔹 Where arbitration clause exists and application under Sec 8 filed, civil court must refer.
(Though technically return, in some cases plaint rejected if barred.)

8️⃣ Companies Act, 2013

Section 430 – Civil Court jurisdiction barred

🔹 Matters within NCLT jurisdiction → civil suit barred.

9️⃣ Insolvency & Bankruptcy Code, 2016

Section 63 & 231 – Bar of civil court

🔹 Matters within NCLT/NCLAT domain → barred.

🔟 Wakf Act, 1995

Section 85 – Bar of civil jurisdiction

🔹 Matters required to be determined by Wakf Tribunal → civil suit barred.

1️⃣1️⃣ Tenancy / Rent Control Acts (State Acts)

Example:
Gujarat Rent Act / Bombay Rent Act

🔹 Where exclusive jurisdiction given to Rent Court → civil suit barred.

1️⃣2️⃣ Land Revenue Codes

Revenue matters (mutation, tenancy rights etc.)
→ Exclusive jurisdiction of Revenue Authorities.

1️⃣3️⃣ Hindu Marriage Act, 1955

Section 9–13 read with Section 19

🔹 Matrimonial disputes only before Family Court → civil suit barred.

1️⃣4️⃣ Family Courts Act, 1984

Section 7 & 8 – Exclusive jurisdiction

🔹 Civil court barred in family matters.

1️⃣5️⃣ Industrial Disputes Act, 1947

Industrial disputes → Labour Court/Industrial Tribunal domain.

🧠 EXAM READY RULE 11(d) TEST

Court must check:

Does the plaint itself disclose statutory prohibition?
Is the bar absolute?
Is there exclusive tribunal jurisdiction?
Is compliance mandatory (like Sec 12A CCA)?

If YES → Reject plaint.

⚖ MOST FREQUENTLY USED IN PRACTICE (Trial Courts)

✔ Limitation Act
✔ Commercial Courts Act (Sec 12A)
✔ SARFAESI Act
✔ Benami Act
✔ Rent Control Acts

📘 ORDER VII RULE 11(d) – STATUTORY BAR TABLE

(“Suit barred by any law” – as disclosed from plaint itself)

Sr	Statute & Provision	Nature of Bar	Supreme Court Citation	Gujarat High Court (Illustrative Latest Line)

| 1 | Commercial Courts Act, 2015 – Sec 12A | Mandatory pre-institution mediation (if no urgent interim relief) | Patil Automation Private Limited v. Rakheja Engineers Private Limited (2022) 10 SCC 1 | Guj HC (2023–2024): Commercial suits rejected for non-compliance with Sec 12A relying on Patil Automation |

| 3 | SARFAESI Act, 2002 – Sec 34 | Civil court jurisdiction barred where DRT remedy available | Mardia Chemicals Ltd. v. Union of India (2004) 4 SCC 311 | Guj HC dismisses civil suits challenging Sec 13(4) action citing Sec 34 bar (recent consistent view) |

| 4 | Recovery of Debts & Bankruptcy Act, 1993 – Sec 18 | Exclusive DRT jurisdiction | Punjab National Bank v. O.C. Krishnan (2001) 6 SCC 569 | Guj HC: Civil suits against bank recovery proceedings barred under Sec 18 |

| 5 | Insolvency & Bankruptcy Code, 2016 – Sec 63 & 231 | Civil court barred in matters within NCLT/NCLAT domain | Embassy Property Developments Pvt. Ltd. v. State of Karnataka (2019) 13 SCC 308 | Guj HC (2022–2024): Civil suits rejected where CIRP pending before NCLT |

| 6 | Companies Act, 2013 – Sec 430 | Civil court jurisdiction barred in NCLT matters | Shashi Prakash Khemka v. NEPC Micon (2019) 18 SCC 569 | Guj HC: Share oppression/mismanagement suits rejected due to Sec 430 bar |

| 7 | Benami Transactions (Prohibition) Act, 1988 – Sec 4 | Suit to enforce benami right barred | R. Rajagopal Reddy v. Padmini Chandrasekharan (1995) 2 SCC 630 | Guj HC applies Sec 4 bar in property declaration suits |

| 8 | Arbitration & Conciliation Act, 1996 – Sec 8 & 5 | Judicial authority must refer parties to arbitration (minimal intervention) | Vidya Drolia v. Durga Trading Corporation (2021) 2 SCC 1 | Guj HC (2022–2025): O7R11 applications allowed where arbitration clause clearly bars civil action |

| 10 | Family Courts Act, 1984 – Sec 7 & 8 | Exclusive family court jurisdiction | K.A. Abdul Jaleel v. T.A. Shahida (2003) 4 SCC 166 | Guj HC: Civil courts lack jurisdiction in matrimonial/property between spouses matters |

| 11 | Rent Control / Tenancy Laws (e.g., Gujarat Rent Act) | Exclusive Rent Court jurisdiction | Dhulabhai v. State of Madhya Pradesh AIR 1969 SC 78 (jurisdiction test) | Guj HC: Civil suits barred where Rent Court competent |

| 12 | Industrial Disputes Act, 1947 | Industrial dispute triable only by Labour Court/Tribunal | Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke (1976) 1 SCC 496 | Guj HC: Civil suits by workmen barred when ID Act remedy available |

⚖ Core Legal Test (From SC Jurisprudence)

Derived mainly from:

Dahiben v. Arvindbhai Kalyanji Bhanusali
Patil Automation Private Limited v. Rakheja Engineers Private Limited

✔ Bar must be apparent from plaint
✔ No defence material considered
✔ Statutory bar must be express or necessarily implied
✔ If mandatory pre-condition not fulfilled → rejection inevitable

📊 Gujarat High Court – Order VII Rule 11(d) Cases (2023–2025)

Sr	Case Name (Guj HC)	Year	Statutory Bar / Ground	Suit Outcome / Core Issue
1	Manoj Laljibhai Baldha v. Vikasbhai Ramjibhai Sorathiya	2025	Suit ex facie barred by law of limitation under Limitation Act	HC held plaint was plainly barred, and trial/plaint rejected accordingly under O7R11(d)
2	Lh of Decd. Chunaji Babaji Thakor v. Chanaji Babaji Thakor	2025	Bar apparent from plaint (law justification applied)	HC allowed application under O7R11(a) & (d) to reject plaint on law bar
3	Sonbai Jusha Sodha v. Sonalben Velji Harijan	2024	Suit didn’t disclose statutory maintainability / apparent bar	HC applied principles of O7R11(d) analysis on statutory bar from the pleadings
4	Varis Gulambhai Mahida v. Mohsin Aiyub Sidat	2023	Defendants argued that plaint was barred by law under Order 7 Rule 11(d)	HC examined statutory bar from plaint under O7R11(d) analysis
5	Vimal Co-Op Housing Society Ltd. v. Rajendrakumar Shankerbhai Bhagiya	2025	Plaint barred by statutory/legal bar apparent from plaint	HC decision on O7R11(d) threshold power
6	S.Shanthi v. K.Subramani	2025	Bar argued by defendant under Order 7 Rule 11(d)	HC discussed statutory bar from averments in plaint
7	Jashubhai Ranchodbhai Patel v. Sanjaykumar Kanubhai Dave	2025	Suit’s pleadings invoked statutory limitation bar under Order 7 Rule 11(d)	HC examined whether bar apparent in plaint on limitation
8	Lh of Decd. Joshef Jerom Christian v. Kiritkumar Jerom Vendelin	2026	Application invoked Order 7 Rule 11(d)	HC analysed bar as visible on plaint’s face
9	Kshama Infrabuild Pvt. Ltd. v. Govindbhai Laxmanbhai Makwana	2025	Limitation bar listed as O7R11(d) ground	HC treated plea of limitation bar under O7R11(d)
10	Jasubhai Lilabhai Patel v. Kamleshbhai Jasubhai Patel	2025	Defendant argued plaint barred under Order 7 Rule 11(d)	HC addressed statutory bar argument under O7R11(d)

🧠 KEY PATTERN (Based on These HC Judgments)

👉 High Court rejects plaint at threshold only if bar by law is immediately apparent from the pleadings themselves (no defence evidence required).
👉 Common statutory bars seen invoked include Limitation Act bar and other statutory jurisdictional bars where suit is simply not maintainable on its face.
👉 HC decisions repeatedly affirm that only the plaint’s contents are to be considered for statutory bar analysis under O7R11(d) (defence/sole facts outside the pleadings not considered).

📌 Summary of What This Table Shows

✔ These are recent Gujarat High Court applications of Order VII Rule 11(d) CPC from 2023 to 2026.
✔ Most hinge on bar by statute apparent in the plaint — e.g., limitation or other statutory prohibition.
✔ Not all result in rejection — sometimes HC clarifies law bar can only be decided on prima facie clear grounds.

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