Civil procedure
M Singh
(Querist) 06 February 2017
This query is : Resolved
The defendant filed application under order 7 rule xi code of civil procedure 1908 for rejection of plaint or for return of plaint u/s 7 Rule 10 CPC. Now I need to submit reply on next date. Although the main defendant No.1 proceeded himself as ex-parte who is having its office where I reside. Going to defendant place is risk to my life and presently I am unemployed have no income source. Can judge grant the leave to trial case where I reside.
R.K Nanda
(Expert) 07 February 2017
first file ur reply to said application of defendant in court.
M Singh
(Querist) 07 February 2017
Defendant No.1 is having two society by different names who is head / patron of the said societies and one society is located at place where I reside. Can I take this as defendant No.1 his office/branch.
P. Venu
(Expert) 07 February 2017
The facts posted are insufficient to suggest a definite answer.
M Singh
(Querist) 08 February 2017
Brief facts are that recovery case on account of damages etc are filed against the patron of society and management during the year 2016. Instead of giving written statement the first party was proceeded ex-parte and others did not file written statement and gave application under 7 rule 11 rejection of plaint or return of plaint on account of limitation and jurisdiction. The defendants not disclosed the actual facts in their application that cause of action arose to plaintiff in year 2016 and alternatively case was filed within one year of the limitation. Further the defendants mentioned that no jurisdiction applicable at plaintiff place. The defendant No.1 is patron of two society and overall head of the same which one is located where I reside but I was employed in another society. Can I take plea before the court that defendant is having it's one society located presently where I reside. Please help and guide me as I am jobless since one year and my family has already come to starvation.
Dr J C Vashista
(Expert) 10 February 2017
Mr. M Singh,
Whether the application (which you are required to file reply) is u/o VII Rule 10 or Or. VII Rule 11 CPC? Both of them are different provisions, you will agree.
Limitation can not be objected u/o VII Rule 10 or Rule 11 CPC. However, the plaint shall be returned u/o VII Rule 10 if the Court do not have jurisdiction, as objected.
whatsoever, if no cause of action has been disclosed as objected u/o VII Rule 11, file an amendment u/o VII Rule 17 CPC. If the objection is u/o VII Rule 10 CPC the court shall return the suit.
In both situations you will have to remove objections before proceeding.
Regards
M Singh
(Querist) 10 February 2017
In my plaint I have mentioned the date of course of action taken during 2016. Regarding jurisdiction the defendant No.1 who is the head / patron of both the society proceeded himself as ex-parte. For correct jurisdiction defendant no.1 presence in court as statement is required. While filing reply to application under VII Rule 10 & Rule 11 can court be pleaded that defendant no.1 be summoned with relevant documents in his custody for proper jurisdiction. Please advice.
Dr J C Vashista
(Expert) 11 February 2017
Dear Mr. M Singh,
You have submitted in your plaint that defendant No 1 Head/ Patron is residing and/or working for gains in the territorial jurisdiction of this Hon'ble Court hence the suit be adjudicated. It is perfect, if the statement is true. There is no doubt about the territorial jurisdiction of the Court adjudicating, irrespective of the fact that defendant No 1 contests the suit or is proceeded ex-parte.
You need not bother about the presence or absence of the defendant after service of summons upon him/her.
However, Section 16, 19 & 20 CPC prescribe jurisdiction where cause of action or part cause of action has arose.
Seek further advise/guidance of some local senior lawyer.
Warm Regards
M Singh
(Querist) 11 February 2017
The cause of action arose when my relative wrote letter to head of society at his place which has its entity at my place. For jurisdiction can I claim his place.
