Order 7 Rule 11 of CPC

Kunal Jobanputra (Querist) 11 January 2009 This query is : Resolved
Order 7 Rule 11 of C. P. C. applies to the suits only or it also applied to Applications like fixation of Standard Rent under Bombay Rent Act or other similar applications.? If it does applies to applications also can i have any Reported Judgments on this point?

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Kiran Kumar (Expert) 11 January 2009
well in my opinion none of the rules of CPC are strictly applicable to the Rent matters.

a rent controlloer can devise its own procedure.

pls check in this context also.

i ve got few judgements of Punjab and Haryana High Court but not of Bombay High court.

smilingadvocate (Expert) 11 January 2009
Im sorry to state that the non application of the provisions of the civil procedure code to the rent controller laws is to an extent true but when there is no such relevant provisions under the rent control act, thecourt can apply the provisions of the civil procedure code.

RAKHI BUDHIRAJA ADVOCATE (Expert) 12 January 2009
I do agree with my Ld. friend smilingadvocate@hotmail.com

Kunal Jobanputra (Querist) 12 January 2009
Well i have noted all your replies.
But one question which arose in the matter was that the Order 7 Rule 11 applies to the Suits only and not to the applications.

Can i have your views on this..

And i think that Punjab & Haryana H. C. Judgements might be helpful on this point.
Can i have those citations.

Adv.Shine Thomas (Expert) 28 February 2010
I agree with Mr.smilingadvocate

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