sagar parab (advocate) 02 December 2009

Rejection of Plaint O 7 R 11

I have made application for Rejection of Plaint under order 7 Rule 11 of Cpc , on the ground that there is no cause of action, the suit which is filed by the plaintiff is for the recovery of money,

the case in brief is that i have taken loan from the bank and have taken one boat (water boat) and hypoticated the ame to the bank and also there were 3 guranters for the same. when my business stated suffering i sent a letter to the bank two years back before filing of the suit to sell the same boat and recover the amount..which is not benn done by the bank nor any steps whatsoever had taken by the bank to sell the boat and recover the amonnt ..now that letter is relied by the plaintiff itself..

now when i had sent a letter saying and calling them to sell the boat and recover the amount 2 years back how there can be cause of action thare to file this suit..please guide me with citations if anyone is having..

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8 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 02 December 2009

Cause of action consists of bundle of facts and not confined to any single incident. In your case, you said you had hypothicated the boat to the bank. Then you have no right to the good and the bank remains the owner of the good. You are permitted to use the good and you have liability to pay the loan dues. In case of default, the bank has right to sieze the property and bring the same into auction sale and also has right to recover the remaining dues from you. By simply sending a letter to bank, asking them to sell the boat does not absolve you from any liability. At most, you could have surrenderd the boat to the bank and could have asked for pre-closure. In my opinion, the application filed by you under Order VII Rule 11 of CPC is not sustainable.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA) 02 December 2009

There are hundred's of cititation in the galore of Law reports,If you submit one citation that which is in your favour,the other side would submit another which is in his favour, Each set of facts differ from one, Finally it is left at the descretion of the court, If you try to convence the court, Any way I feel that N.RAMESH has pointed out the correct propotion of law.

Anish goyal (Advocate) 03 December 2009

Agree with ramesh sir.

Adv. T.K Sujith (lawyer) 03 December 2009

agreeing with rameshji. but it is useful to defendant to get time for a settlement by filing this petition. but u shud watch the barometer of interest rate.

Surrender K Singal 25 September 2010

CJ Mr. N Ramesh has clearly detailed the legal position !

Y ARAVIND (ADVOCATE) 13 December 2010

Order 7 Rule 11 includes no cause of action or the suit should be barred otherwise by law. But the suit laid by the bank is well wihtin the precints and your applciation is not tenable.