Order 7 rule 11d
Kobaka
(Querist) 17 August 2016
This query is : Resolved
Dear experts,
I have received summons for a partition suit between me and my brother,in the affidavit they have mentioned that my brother is signed that affidavit before lawyer in my home town, but actually my brother is residing in USA and there is no chance to my brother to sign the affidavit in in my home town(srikalahasti,A.P),so can i file an application under Order 7 rule 11d to reject the plaint?please suggest me...
Raj Kumar Makkad
(Expert) 17 August 2016
Instead of filing the desired application you can file an application under section 340 Criminal Procedure Code seeking legal action against him as he has filed false affidavit before the court.
Rajendra K Goyal
(Expert) 17 August 2016
What is the opinion of your lawyer?
You can proceed as advised by the expert.
adv.bharat @ PUNE
(Expert) 17 August 2016
Author need to explain the query raised by expert to get solution.
Devajyoti Barman
(Expert) 18 August 2016
Yes, it is not fit case for rejection of plaint.
You have to file petition u/s 340 crpc.
Kobaka
(Querist) 18 August 2016
Dear Raj Kumar Sir,
Instead of filing the application under Order 7 rule 11d to reject the plaint, if i file an application under section 340 CrPC on next hearing date, the court will automatically reject the plaint also?
Advocate Bhartesh goyal
(Expert) 18 August 2016
Provision of cpc u/ o7 r 11 does not apply in your case,if plaintiff has filed wrong affidavit then file application u/s 340 of cr.p.C as suggested by Shri rajkumar makkad.
Kobaka
(Querist) 19 August 2016
hello experts:
# Order 7 Rule 11 CPC :
11. Rejection of plaint.- The plaint shall be rejected in the following cases:—
# rule 11(d): where the suit appears from the statement in the plaint to be barred by any law;
in my case may be two things were happened:
1)may be my brother singed the affidavit in USA and sent that to my home town to his lawyer by post or Courier.
2)may be anybody from my brother's wife relatives signed the affidavit
is any one of the above two reasons will fall under # Order 7 Rule 11 CPC in my case?please suggest me...
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 August 2016
You have misconception about provisions of rejection of plaint. It is applicable only after going through the plaint ONLY and not WS or any evidence . Only bare reading of PLAINT has to be shown as illegal.
Affidavit was not signed has to be proved by evidence and the burden is on you. It will take time not only days but years for you to prove it false.
And CRPC 340 will be applicable only after any evidence produced in court is proved as fabricated.
And it is a question of law and fact so the matters may even go up to APEX COURT.
Kobaka
(Querist) 24 August 2016
Dear Experts,
if i file an application under section 340 CrPC on next hearing date,
do i need to prove that my brother is on US on the same date as they mentioned in affidavit?
how can i prove that , can i approach american embassy?can i ask that information under RTI act?
please suggest me to get the proofs to submit in court to prove that my brother is staying in US ...
note: my brother came to india on 1st week of april,2016 and he went back again after 1 week, but in the affidavit they have mentioned that my brother signed that affidavit on 23rd june 2016
how can i get that information as he went to america on april 1st week, please help me
thanks in advance
