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Srinivas (Director)     23 August 2010

How to get frivolous law suits?

All,

 

Is someone is file suits strictly for harassment, how can we get this suit dismissed very early on in the process?

Is there any requirements for Bonafides before a suit is allowed to proceed? Please quote sections of CPC that is relevant?


When is a preliminary determination of maintainablity of suit done?

 

thanks,

 

Srinivas



Learning

 5 Replies

Srinivas (Director)     23 August 2010

The heading should read

"How to get frivolous law suits dismissed?"

adv. rajeev ( rajoo ) (practicing advocate)     24 August 2010

it is not possbile to get dissmiss the frivolus suits early.  In a suits it requires full pledged hearing

Srinivas (Director)     24 August 2010

Thanks Rajeev.

What are requirements to quash proceedings in lower court by filing a WP?

When are bonafides in filing of a suit looked into?

I belive we should be able to challenge the maintainablity of the suit at a earlier stage.

 

Srinivas


 

pravir singh (advocate)     31 August 2010

if the civil suit is barr by any law or there is no cause of action arising out for plaintiff defendent cane take benifit of  o.7 r. 11 c.p.c. and suit can be dismiss at early stage

Srinivas (Director)     31 August 2010

Pravir,


As I understand it, O7R11 deals with rejection of suit due to improper plaint and O7R13 does not bar resubmitting the plaint.


I think Rajeev's advise stands. What I did gather was that:

a) it is possible to file an application for maintainablity of suit at early stage

b) file petition in HC to quash proceedings of lower court if case can be made.


Thanks for the inputs.

best wishes,

 

Srinivas


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