Will oerder 7 rule 11 be applicable
priyanka
(Querist) 16 June 2015
This query is : Resolved
x and y are brother and sisters respectively. 'A' father died intestate and daugther was nominee for all accounts one day x got called by bank and told that they are breaking open the locker as y want to open it the x said that she cant break open it as keys are with him and he is also liable for 1/2 share in locker so s=it could not b break open without his written consent on 1st jan he filed a plaint stating that he is apprehending that his sister that is defendant could open the locker the court didn't pass stay order and ask defendant to give reply meanwhile on 7th jan 'y' break open the locker so since now the cause of action is no more will order 7 rule 11 be applicable. At the time of filing of plaint it was there but before filing written statement defendant brk open it so will order 7 rule 11 that is no cause of action is discovered be envocked
P. Venu
(Expert) 17 June 2015
Who is "A"?
Please do not post riddles; post your real problems, if any.
Rajendra K Goyal
(Expert) 17 June 2015
Court had not given any stay, she was nominated by the locker account holder hence her step is within her rights.
priyanka
(Querist) 17 June 2015
sir, 'A' IS FATHER OF X AND Y
priyanka
(Querist) 17 June 2015
@RAJENDRA K GOYAL
SIR MY QUES IS IF SHE CAN FILE APPLICATION UNDER ORDER 7 RULE 11 THAT IS NO CAUSE OF ACTION DISCLOSE AS THE CAUSE OF ACTION IS NO MORE
Anirudh
(Expert) 17 June 2015
For application of Order 7 Rule 11, one has to see only the averments in the plaint. Naturally in this case the plaint shows cause of action. Therefore O7 R11 will have no application to the facts of the present case.
Dr J C Vashista
(Expert) 19 June 2015
I agree with expert Mr. Anirudh. Since there is a cause of action against "Y" hence "X" can file a suit. Accordingly application u/o VII R 11 CPC is not maintainable.
However, what is the relief claimed in the plaint? It is vague with incomplete information, where other vital information to the query are missing for proper opinion.
What does your lawyer advise?
priyanka
(Querist) 19 June 2015
the plaintiff has prayed that defendant should not be allowed to open the locker but the locker is already open and defendant is within her right as she is nominee but what should defendant do now under what law should she file the application
Anirudh
(Expert) 19 June 2015
Now the defendant only has to reply to the plaint indicating the defendant's point of view. That's all.
Kumar Doab
(Expert) 25 June 2015
The experts have fully explained.
T. Kalaiselvan, Advocate
(Expert) 27 June 2015
The plaintiff has filed an injunction suit but the defendant has filed a petition under Order 7 Rule 11 whereas she broke open the locker, then how can she file the petition in the main suit seeking rejection of plaint?
