order 7 rule 11
Pardeep Kumar
(Querist) 30 May 2014
This query is : Resolved
R/expertise
My quarry is that
I filed civil suit ,
Defendant file application specifically under O 7 R 11(d) for rejection of plaint but
I filed objections to application and taken on the bases of objections my suit cud not be rejected under o 7 r 11(d) , I also filed application for amendment of plaint .
The munsiff rejected my plaint under O 7 R 11(a) on its own and my amendment application also dismissed by words that plaintiff by making amendment application is trying to cover the lacuna in original plaint.
Now the question arise if my plaint rejected even than I can file fresh plaint in respect of same cause of action than rejection of amendment application filed before the filing of written statement by defendant is good in law.
Thanks
In anticipation
Devajyoti Barman
(Expert) 30 May 2014
1. You can file fresh suit but same cause of action may fail your suit again.
2. Once plaint is rejected, amendment petition also ceases to exist.
Devajyoti Barman
(Expert) 30 May 2014
1. You can file fresh suit but same cause of action may fail your suit again.
2. Once plaint is rejected, amendment petition also ceases to exist.
Pardeep Kumar
(Querist) 30 May 2014
Sir, Can I file appeal that my plaint disclose cause of action
Dr J C Vashista
(Expert) 31 May 2014
Did you not mention cause of action in your plaint?
How did the Court conclude that the plaint is lacking cause of action.
Rejection of plaint is curable which can be rectified and proceeded, hence not appealable.
prabhakar singh
(Expert) 31 May 2014
After rejection of plaint,fresh plaint can be filed by plaintiff who does not feel aggrieved by the order.But a plaintiff who feels aggrieved can file appeal.
Pardeep Kumar
(Querist) 31 May 2014
Sir
My plaint disclose cause of action. One more important thing I wld like to share is that munisff rejected my plaint in a order in which he decide application for temporary stay.
Heading like APPLication for temp. Stay.
In last para he rejected my plaint under o 7 r 11(a). In the same order
T. Kalaiselvan, Advocate
(Expert) 01 June 2014
You can prefer an appeal against the lower court judgment if you are confident enough about your case, or file a fresh suit with slight modification in the cause of action.
Raj Kumar Makkad
(Expert) 01 June 2014
It shall be better to obtain second opinion of a local lawyer on the bases of the original copies of the pleadings and the mentioned order.
V R SHROFF
(Expert) 14 July 2014
Author : Pardeep Kumar
YOU ARE "lawer"
YOU BECOME :"Lawyer"
Take help of Senior Advocates before filing Suit. Otherwise your innocent Clients will suffer.
T. Kalaiselvan, Advocate
(Expert) 14 July 2014
Expert Mr.Shroff is right, there is nothing to feel ashamed or shy to clarify details from a senior counsel before filing a suit, infact the seniors will be very happy to help you out on such issue..
