Order 7 rule 11 (a), rejection of plaint
Querist :
Anonymous
(Querist) 24 June 2018
This query is : Resolved
My Senior says that any cause to raise an application under o7 r11 has to be found within the pages of the plaint and reliance on external documents is barred. Please clarify. (If a defendant has a documentary evidence that the cause of action is illusory, fictitious and a creation of fraud, can he/she produce such document and seek for Rejection of Plaint)
Vijay Raj Mahajan
(Expert) 25 June 2018
Order 7 Rule 11 CPC for rejection of suit or plaint or petition on the basis of pleadings alone not evidence relied upon by the parties. The rejection of suit or plaint or petition on the basis of evidence of the parties can be determined by the court at final stage not under O7 R11 CPC at initial stage of the case.
Ms.Usha Kapoor
(Expert) 26 June 2018
I stick to the above view of mine.
Ms.Usha Kapoor
(Expert) 26 June 2018
I stick to the above view of mine./
R.Ramachandran
(Expert) 26 June 2018
Ms.Usha Kapoor and others once they know some answer to the query give the same, whether the Querist has revealed his identity or remains Anonymous.
But, the moment they do not know any answer, then immediately they say Anonymous Query - No Answer. Post your identity - you will get many answers!!!
Querist :
Anonymous
(Querist) 26 June 2018
Dear Mr.R.Ramachandran sir, I appreciate and ack. your view, a person raises a query under anonymous for the simple reason he want to avail the benefit of 'anonymous'. that doe not invalidate his / her query. Actually I was shaken by the attitude some experts with which they 'confront' these queries. but they are always ready to smile if they get a 'thank'. One such expert here ay the query is vague or incomplete. By all means it i not possible to post a complete query of a civil suit and being an expert you can make out 1 + 1 = 2 and proceed to answer if u wish to help. Please stem into the shoe of the victim non-advocate and try to breathe, one can feel it really hard. thank to all well wishers and helping heart.
Ms.Usha Kapoor
(Expert) 26 June 2018
There are 2 lacs Advocates on LCI Rolls.Why all the time you are bothered about me. OK> You are World No.1 in everything and not necessary in law. Now if you permit I l'd leave.Whatever you 3 people think I'm least bothered. I've been always called very intelligent right from Childhood I was Class 1st. With one reading I used to reproduce the entire Hindu, TOI and whatever I read with interest and concentration.Ii was that sharp.I used means till 1 1/2 years ago In.Law 3 Semesters I topped. In chemistry Physical Chemistry I topped.I'm fond of English News Papers and Magazines.
R.Ramachandran
(Expert) 26 June 2018
Ms.Usha Kapoor: Your sharpness etc., has no meaning as far as saying "No answer to Anonymous query." Without any such objection, you have answered in this thread which has been posted by an "Anonymous".
YOUR DOUBLE-STANDARDNESS IS BEING QUESTIONED HERE.
So, dont try to divert the issue.
Querist :
Anonymous
(Querist) 26 June 2018
Memory, as many may agree is only retention and reproducing a matter of text or subject. It may be a skill but nevertheless.it has its own limitation. Intelligence is is the precious acumen which surpasses memory. Sorry experts and folks for diverting for a while. THE MATTER OF CONTROVERSY ENDS HERE.
Bhaskaran Advocate
(Expert) 14 February 2019
Most defendant lawyers file application Under O7 R11, in your case Under O7 R11(a) to drag on the case. It is unnecessary unless the Plaintiff has not made out cause of action in his plaint. If the cause of action is shown in the plaint it is sufficient and the defendant's application will be rejected.
The court will not go over the facts what defendants have put in their application.
