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Ashok Kumar   09 September 2024

Permission to argue an order vii rule 11 application

In a civil suit with multiple defendants there is an application filed by one of the defendants under Order VII Rule 11. Do the other defendants have a right to reply to the application and also argue the matter? 

Follow up question:  If the other defendants did not submit a reply to the application, can they still argue the matter when it is listed for arguments? 

Please advise. Thank you. 



Learning

 3 Replies

Real Soul.... (LEGAL)     09 September 2024

Certainly the filing fo objections to any application by a party is matter of right. You should either agree with the application of file objections.

T. Kalaiselvan, Advocate (Advocate)     09 September 2024

The other defendants can record their objections, if they have any and can even present their arguments provided they have any interest in the suit which would be hampered by the petition for rejection of plaint.


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