Application under order 7 rule 11

AK Misra (Querist) 23 December 2016 This query is : Resolved
Please advise me the provisions according to which unless Application under Order 7 Rule 11 is decided matter in the court cannot be proceeded further.

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R.K Nanda (Expert) 23 December 2016
state real facts of case.

Rajendra K Goyal (Expert) 23 December 2016
Academic query.

State material facts of the problem if any.

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AK Misra (Querist) 23 December 2016
A suit is filed.Upon receiving the copy of the plaint and documents an application under Order 7 Rule 11 is made by the Defendant rather than filing WS.

Question is simple whether court will proceed into the matter without deciding on the Application as above.

This is not academic please.

R.K Nanda (Expert) 23 December 2016
Court will first decide O 7 R 11 application

rajeev sharma (Expert) 23 December 2016
Very simple first file an application under o7r11 without filing we and ask the court decide that first. Court may not proceed to decide suit unless we is filed

Advocate Bhartesh goyal (Expert) 24 December 2016
yes,court has to decide firstly application u/order 7 rule 11 of cpc

Rajendra K Goyal (Expert) 25 December 2016
Agree with the experts.

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