Whether in the "Election Petition" at the time of deciding the application under Order 7 Rule 11 of Civil Procedure Code the Court can go into the merits of the case.................?
piyush (Advocate) 14 February 2010
Whether in the "Election Petition" at the time of deciding the application under Order 7 Rule 11 of Civil Procedure Code the Court can go into the merits of the case.................?
Swami Sadashiva Brahmendra Sar (Nil) 14 February 2010
while inquiring under O 7 R 11, the court can not go in to the merits of the case. the suit is rejected if conditions specified under this rule are apparent from bare perusal of the plaint.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 14 February 2010
Mr. Piyush,
Important Points on Rule -11 (Rejection of plaintiff)
If a plaint does not disclose a cause of action the only legal order then can be passed in the circumstances of the case is one rejection of plaint and not of dismissal.
The provisions of the Rule - 11 are mandatory.
A plaint can be rejected at any stage of the suit even after its registration.
A plaint not correctly valued and stamped can be rejected.
The court an exercise its power to reject the plaint sue motu.
The whole plaint can only be rejected, but a part of the plaint cannot be rejected.
Where the relief claimed is undervalued, the court shall reject the plaint.
Where the suit is barred by limitation, it can be rejected.
Where the plaintiff does not follow other rules to the law, the plaint can be rejected.
shrikant chede (law officer) 15 February 2010
i do agree with Adv Ramachry
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
