Rejection appl.or ws
S. S. Rathi
(Querist) 31 January 2016
This query is : Resolved
Sir
whether defendant can file application u/o 7 rule 11 for Rejection of plaint r/w section 9(A) with pray to framed preliminary issue and also file Written statement pray as dismissed suit with 25000/- cost.
court also charged 500/- cost for allow WS.
- i want to know defendant file
Ws & rejection appl. on same date, whether its possible ?
PLS guide, i am asking this query on plaintiff side
Devajyoti Barman
(Expert) 01 February 2016
The petition for rejection of plaint can be filed even after filing WS.
However both petition for framing of preliminary issue and rejection of suit can not be filed together. Go for one after another.
R.K Nanda
(Expert) 01 February 2016
agree with expert.
S. S. Rathi
(Querist) 01 February 2016
Sir
Defendant file WS after "No WS allow on 500/- cost" and on same date defendant
file application u/o 7 rule 11 for Rejection of plaint r/w section 9(A) with pray "as u/o 7 rule 11 plaint reject and as 9(A) framed preliminary issue"
while in WS pray as "dismissed suit with 25000/-cost."
pls guide and suggest your valuable steps
Dr J C Vashista
(Expert) 02 February 2016
What is the opinion and advise of your lawyer?
Your query is short of material facts, whether you are plaintiff or defendant is not clear.
Court can/shall not impose cost(s) in installments as stated in your query.
The application u/o VII R 11 CPC is generally filed along with WS, which is taken up before proceeding further.
S. S. Rathi
(Querist) 02 February 2016
im plaintiff and wants to know whether defendant pray different in WS and rejection application
In WS pray as dismiss suit 25000/- cost, while in rejection application pray as frame preliminary issues and reject suit
