i.a order vii rule 11
RAMJI
(Querist) 01 May 2013
This query is : Resolved
In a suit for partition, 1 plaintiff, 8 defendants... D3 to D8 set exparte... D1 & D2 submitted written statements... on the same day D2 filed petition for rejection of plaint under O VII R 11..
in the next hearing, plaintiff filed COUNTER AGINST I.A and prayed for dismissal of I.A... court fixed date for arguments... on the hearing day... Resp/ Plaintiff expressed to court that he is ready for enquiry /arguments WHEREAS D2 PRAYED FOR DATE...just to drag/delay....
1. As it is I.A in main suit, like this how many times court will give dates inspite resp/ plaintiff is ready....
2. Can plaintiff file his written arguments irrespective of arguments of petitioner/D2
in the next hearing?
3.any other views/suggestions
Regards
Jeyaram
Devajyoti Barman
(Expert) 01 May 2013
1. 1- 3 times, may be 3 times
2.yes
3.try to focus that the amendment is not going to change the nature and character of the case nor it is going to prejudice the defendant as he would be getting chance to counter it by filing additional written statement.
RAMJI
(Querist) 01 May 2013
Dear Mr Barman sir
Thanks for quick reply.. as regards item(3),
1.I understand from your answer that WHILE FILING WRITTEN ARGUMENTS, PLAINTIFF CAN ADD AN ARGUMENT AS SUGGESTED IN ITEM 3 ABOVE(i.e still defendant can file addl W/s and hence no harm in trying the suit....) IS MY UNDERSTANDING CORRECT SIR...?
2.While the decision on IA is pending before court, and having filed written statements by D1 &D2, SHOULD PLAINTIFF FILE AMENDMENTS OR REJOINDER? OR WILL IT BE BETTER TO FILE AFTER DISPOSAL OF I.A.....
Regards
Ramji
Raj Kumar Makkad
(Expert) 01 May 2013
There is no such law to bind the court to provide adjournments to the parties to lead their argument, however, it should be at the earliest. Any of the party can provide written argument.
Raj Kumar Makkad
(Expert) 01 May 2013
There is no such law to bind the court to provide adjournments to the parties to lead their argument, however, it should be at the earliest. Every party can provide written argument.
RAMJI
(Querist) 02 May 2013
Thanks to Mr Barman & Mr Rajkumar sir for their quick replies in all possible angles..
Regards
Ramji
