Order 7 rule 11
Harsh
(Querist) 21 August 2011
This query is : Resolved
It is sufficient to move in a first instance an application Under Order 7 Rule 11 CPC for rejection of the plaint, if the plaintiff filed a suit for permanent, mandatory injunction and declaration also with an application under order 39 rules 1 & 2 read with section 151 CPC for ad-interim ex-party injunction? Order for stay not yet enforced by the court when the case was filed.
Defendant want to move an application under order 7 rule 11 except WS as defendant says that the plaintiff knows about the ownership and possession related issues of the property under the previous suit, which is with the defendant only and still plaintiff filed a wrong suit which is based on no cause of action. Hence the suit is not maintainable.
R.Ramachandran
(Expert) 21 August 2011
In the given facts and circumstances, the Order 7 Rule 11 application would not apply.
Order 7 Rule 11 will apply, ONLY if from the averments in the plaint itself it comes to light that the plaint is barred under any law.
What you are saying is that plaint has been filed, though the plaintiff knows some earlier facts. BUT, unless the plaintiff himself states those facts in the plaint, order 7 rule 11 will not apply.
All that you have to do is, you have to file your written statement completely bringing out the facts and circumstances and through the written statement you have to say that the plaint is not maintainable.
Order 7 Rule 11 route is not applicable to you.
Devajyoti Barman
(Expert) 21 August 2011
Yes
No cause of action is not the guiding principle or rejection of plaint.
Rather it is non disclosure of cause of action which make the plaint liable for for rejection of plaint. Filing of written statements is not necessary.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 August 2011
Filing of WS necessary to contradict the pleadings of plaintiff. More ever of only face of it when no evidence is taken or regutted the allegations or not maintainable in law than only 7x11 other wise not.If you feel they are wrong you have to prove it.
niranjan
(Expert) 21 August 2011
You will have to file WS and the true copies of documents/plaint etc.tobe filed alongwith and since the pltff.has not come with cllean hands,his appl.for interim inj.could be rejected.
Advocate Bhartesh goyal
(Expert) 21 August 2011
Order 7 Rule 11 applies where plaintiff does not disclose the cause of action in plaint or plaintiff's suit is time barred or suit is barred by any law or suit has been under valued and court orders to pay deficit court fees but plaintiff does not pay.Plaint can not be rejected on ground that plaintiff has knowledge about some facts of previously filed suit.
prabhakar singh
(Expert) 22 August 2011
Nothing one needs to add to reply perfectly and elaborately given by Mr.R. Ramachandran.
valentine thakkar
(Expert) 23 August 2011
In such a case the defendant should file a suit under O XIV R 2 with the WS for framing of preliminary issue along with other issues. In the application it should be emphasised that the suit is not tenable as the particular court has no jurisdiction to conduct the case.
