Citation under Order 7 Rule 11 (b) CPC for rejection of plaint
Silabhadra Sastry Advocate
(Querist) 21 September 2010
This query is : Resolved
Dear Friends I have an urgent and bare need of a citation preferably of Supreme Court of Orissa High Court,relating to Order 7 Rule 11(b) Civil procedure Code.The citation must be saying that petition for rejection of plaint for being under valued can be filed at any time before judgement(after closure of evidence by both sides)and this petition can be filed by the defendant after the undervaluation of plaint(in my case the property is valued at Rs.30lakhs but the plaintiff has valued it as only Rs.1.8lakhs and has paid grosly less court fees)it was proved after closure of evidence ,so I have filed a petition for rejection of plaint(though it is between the court and plaintiff to decide the value but the defendant has to bring the fact into the notice of the court)my case posted tomorrow for argument on the subject,so pl help me.regards Silabhadra Sastry,Advocate,Bhubaneswar
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 September 2010
This situation comes prior to issue of notice.There after you can raise issue any time and at the most court will allow party to make good defficiency.
Devajyoti Barman
(Expert) 21 September 2010
It can be filed at any stage of the suit.
Silabhadra Sastry Advocate
(Querist) 21 September 2010
Thnx mr.Barman but I need one citation of Supreme Court,Orissa High Court or any other High Court
