Order VII Rule 11
Mudassar Ali
(Querist) 25 July 2011
This query is : Resolved
Whether a defendant can file a subsequent (2nd) application under Order VII Rule 11 while his previous application is pending.
Mudassar Ali
(Querist) 25 July 2011
Actually, in a pending suit in the Court the defendant filed an application under Order 7 Rule 11 during its pendency he filed another application on the ground that the plaint of a suit referred in the present suit was not available to him and now he has procured the same, therefore another application.
Ravikant Soni
(Expert) 25 July 2011
If there is a different ground you may proceed.
Devajyoti Barman
(Expert) 25 July 2011
Then how on earth the defendant could raise question on the maintainability of the suit when he does not know the contents of the pleading itself.
In any case the plaint need not be attached with the petition praying for rejection of plaint.
M/s. Y-not legal services
(Expert) 26 July 2011
While your earlier petition is pending need not to be file one more petition with this same provision. If its necessary mean just amendment your earlier petition. Thats enough know.
Rakesh Shekhawat
(Expert) 27 July 2011
Mr. Ravikant Soni is absolutely correct. There is no such bar for another application. But without seeing suit how can one file such application? Amazing
Surrender K Singal
(Expert) 28 July 2011
Querrist is so lucky to have such a discussion of the issue by Experts - all doing a good job voluntarily. Felicitations for the promoter of lawyersclubindia.com
Mudassar Ali
(Querist) 06 August 2011
Dear Experts: Thank you very much for your responses. I have failed to find out any bar on subsequent application under Order VII Rule 11. Now my understanding is that, though there is no direct bar on subsequent application but it can be contested on the plea that it is filed without leave of the court and it is a mala fide attempt to cause multiplicity of proceedings.
For valuable comments of Experts please.
Best regards,
