Limitation
Chetan
(Querist) 17 January 2010
This query is : Resolved
In my case the defendant filed his W.S. alongwith Counter Claim which is absolutetly barred by limitation
How to made reply for his counter claim in respect of limitation
Please provide me the model draft about under O. 7 R. 11 of CPC for rejecting the claim of defendant on the point of limitation
Urgent -----------
Kiran Kumar
(Expert) 17 January 2010
well formal drafts for such applications can be had from any drafting book locally available.
however, u can raise the objection of limitaion in ur reply itself.
point of limitation can be treated by the concerned court as a preliminary issue and i dont think u need to move an application under O.7 R.11 in this context.
lets c what other Ld. friends advice.
Adinath@Avinash Patil
(Expert) 17 January 2010
you can file application for framing preliminary issue regarding counter claim is time barred u/s 9 A of code of civil procedure code.
Regarding draft of application under order 7 rule 11 there is no prescribed form.
Raj Kumar Makkad
(Expert) 17 January 2010
I do agree with both Kiran and Adinath sir on their valuable opinion on the subject.
adv. rajeev ( rajoo )
(Expert) 18 January 2010
I do also agree with both Kiran and Adinath Sir. Whether was there any order of " WS Not filed", if it was there defendnat could have filed an application seeking permission to file the WS, if it wAs so why you didn't file an objections?
