Order 7 rule 1 of cpc
Arun
(Querist) 06 September 2017
This query is : Resolved
My dads 2nd wife and her sons have sold land of our grandfather with out taking first wife children sings . first wife is dead . As I spoke with law friends they telling to put case on 7rule 1 of CPC. I don't know what to do . is there any other section to put case is this section is ok for my case please advise me.
Ms.Usha Kapoor
(Expert) 06 September 2017
Order 7 rule 1 of CPC states as follows:Order 7 Rule 1 states that if the plaint does not disclose a cause of action, if it has been understamped or the requisite court fee has not been paid then it can be dismissed by the court. This is what it practically means
•
Order 7 of the Civil Procedure Code then proceeds to lay down rules about the plaint in a suit.
The plaint shall contain the following particulars --
(a) the name of the court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be ascertained;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;
(e) the facts constituting the cause of action and when it arose;
(f) the facts showing that the court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and
(i) a statement of the value of the SUIT.
The plaintiff can resubmit the plaint after depositing the full court fee along with full stamp duty and also file condone delay petition etc with cause of action etc under Order 7 rule 11 which the court may allow in its discretion. You can file amendment of pleadings/plaint petition also at any stage of the proceedings under order 6 rule 17...You can continue your suit after it is restored to file after dismissal under order 7 rule 1 with your version of plaint that 2nd wife and her children have no legal right to sell the property of their father without taking signatures of the demised 1st wife's sons and legally it is a valid ground. for rejecting the defense of defendants in their written Statement. and 2nd wife has no legitimacy in here late husbands property but her children have legal right along with first wife and her children.in the property of the husband's share in her Father in law's a ancestral property and grandfather respectively.
P. Venu
(Expert) 06 September 2017
The query lacks clarity. Please post complete, but simple, facts.
Rajendra K Goyal
(Expert) 06 September 2017
Casual query may not solve the problem, it is better, discuss with some senior lawyer in the field for guidance and properly clarify your doubts in detail.
Adv. Yogen Kakade
(Expert) 07 September 2017
It is advisable for you to appoint a lawyer and proceed with the case, as your query clearly shows that you lack legal knowledge.
Dr J C Vashista
(Expert) 07 September 2017
Seek guidance from your tutor for such academic questions.
M V Gupta
(Expert) 10 September 2017
As the property is ancestral, the sale effected by your step brothers without your consent is not binding on you and can be challenged in the court. You have two options - If the property is divisible, you can challenge the validity of the sale and demand for partition of the property; in case it is not divisible, you can demand from your step brothers and the buyer your share of the sale consideration.
