Order 7 rule 11
Amit
(Querist) 23 April 2013
This query is : Resolved
I am the defendant. I have posession and the flat is in my name.
The plaintiff claims to have purchased the same 10 days before my agreement got registeredHis agreement is on a 100 rs stamp paper and is unnotorised.In his suit he states that the seller was a stranger and he has been paying lacs of rupees in cash for six months withoug any agreement or MOU. All his payments are in cash and his bank accounts dont show any withdrawals nor is there ever so much cash in his bank account.also no cash ever gets deposited in the sellers account too. He has no source of income as he has not been filing Income tax returns.
The seller has died and his heir is now living on the streets and is now with the plaintiff. The heir gave a Afidiviat stating his dad sold the flat to both of us and i had promised to repay the plaintiff. No proof of the same as this did not happen. But based on this the plaintiff has got a stay on the said Flat vide his motion the suit is still pending.
I have a indeminity bond with the son (heir) as the witness.
I want to call for rejection under the above Law because of the following :-
1. Plaintiff had earlier filed a Pauper Petition which he has not mentioned in his suit. So hidind facts, unclean hands.
2. Suit filed under Specific Relief act of Unregistered document where Part payment made. Since he is a Pauper as he claims in his Pauper Petition his claim to fulfill his part is not constant and thus Specic Performance suit can be dismissed.
3. Document Relied upon i.e. agreement for sale produced in Pauper Petition and in the suit now are different but on same stamp paper. (Typing same but hand written date same date but clearly the writing is different also now after filing of the suit he has witness sign on the agreement which was not there earlier)So obious tampering with documents to be relied upon is prooved.
4. All his cash Receipts are actually cash vouchers. In his Pauper Petition he has added one extra Cash voucher or 10 lacs which is not in his suit now.
Thus raising doubts of havein fraudently taken signatures of the seller.Please note vouchers are all in lacs and none have a revenue stamp. Vouchers taken on grounds of showing petty cash in his company. Rejection on this ground also.
Kindly Advice
R.K Nanda
(Expert) 23 April 2013
consult local lawyer.
Raj Kumar Makkad
(Expert) 23 April 2013
The facts told by you do establish that you have a good case in hand and now move ahead with the help of your lawyer.
prabhakar singh
(Expert) 28 April 2013
Your case is good on merit.But grounds on which you want to invoke order 7 rule 11 of C.P.C. are not convincing.A plaint can be rejected only when plaint does not discloses
any cause of action or on it's very face is barred by some law such as limitation etc.or C.F. is underpaid.
