Can i file petition for multiple purposes under sec 151 cpc
Mr Sreejit
(Querist) 20 June 2018
This query is : Open
a defendant is having a strong case.
Both of his counsel did not advice to file petition under O7 R11.
Ad-interim Order of Inj and Statusquo is granted to Plaintiff.
Plaintiff also filed 3 seperate ammendments to add some additional properties.
the case is now in 'Ad-Interim Inj Hearing ' stage since past 5 years.
no movement happenning
the defendant want to file petition under O7 R11, O39 R4, O7 R14, Section - 9 (Res-judicata) and an order to relieve defendant 2 from the suit who has no right, interest or title to the suit property.
Can all these petitions be filed under one composite petition under section 151 of CPC or should all these had to be filed separately? Please suggest.
II. IF an application u/s 340 CrPC be filed for the fraud in affidavit of a civil suit in the same court, please advice if service should be served on Opposite Party. Will the Judge give a separate date for hearing this petition or will it be heard in the presence of the opposite party?
will the judge pass order for investigation to the magistrate court? if this is not hapenning, what is the next solution??
Guest
(Expert) 20 June 2018
In what way the case of plaintiff and defendant related to you and what are those multiple purposes?
Guest
(Expert) 20 June 2018
In what way the case of plaintiff and defendant related to you and what are those multiple purposes?
Guest
(Expert) 20 June 2018
In what way the case of plaintiff and defendant related to you and what are those multiple purposes?
Ms.Usha Kapoor
(Expert) 20 June 2018
Dear Querist,
Answer the query raised by expert Mr.Dhingra.
Mr Sreejit
(Querist) 20 June 2018
I am on the side of Defendant. The multiple causes are 1. The property already partitioned between the ancestors of both tha parties of this present suit. 2. fraud is visible in 'cause of action'. 3. suppression of material fats and misleading statements found in plaint as well as inj. appln. 4. as fraud is also supported by governmental evidence/certificate, it also attracts provisions of 340 crPc to pass an order of investigation of the element of fraid in this case by a competent magistrate court. Please suggest if all these multiple grounds of objection can be put up ias a bundle u/s 151 cpc . thanks
rajeev sharma
(Expert) 20 June 2018
we do not know the facts of the case nor aware of the pleadings exchanged between the parties so it isnot possible to give any reply .what ever you mentioned may be your opinion but we are ot able to form any opinion on that . If you have any specific query relating to law let us know.
Mr Sreejit
(Querist) 24 June 2018
Deear Dhingra Ji, Usha Kapoor and Rajeev Sharma,
The case in hand is a Title Suit, wherein the plaintiffs states and affirms on oath that they saw the defendants while they were showing inspection of the suit property to some outsiders to create third party interests thereon. And this is shown as 'Cause of Action' , whereas they never did any such thing at all and one of the defendant was not at all in town on that day and he the other defendant, a housewife, did was not present in that area at all. The first defendant has a proof which is his employer (Government Establishment). Can the defendants raise an application under O7 R 11 stating his absence in place/city/date/time of alleged activity? Is 'false' in cause of action dismiss the gravity of such cause to be a cause of action? Please opine. thanks. Can the defendant move CrPC 340 r/w IPC Chapter XI in this regard in the same court. If so should notice be given of the 340 application to other parties?
Guest
(Expert) 24 June 2018
Your query is headless and tail less. Better defendants rely on their own lawyer.
Mr Sreejit
(Querist) 24 June 2018
My simplest and point blank query, Pls reply: Can a n application under order 7 rule 11 rely of a document/evidence external to 'plaint'. I will remain thankful if you could share your legal acumen andhelp me.
