Regarding suit
ss
(Querist) 16 December 2009
This query is : Resolved
If a property suit is filed without any valid cause of action, in such circumstances an application under Order 7 Rule 11 can be moved to court for dismissal of plaint. Pl. also mentioned other rules relevance in this regard.
Ashok Yadav
(Expert) 17 December 2009
Yes you can file an application under order 7 rule 11 for rejection of plaint, if it has been filed without cause of action or without any valid ground.
prakash vathore
(Expert) 17 December 2009
yes u can file application under o 7 rule 11.
N RAMESH.
(Expert) 17 December 2009
Cause of action has to be ascertained from the bundle of facts detailed in the plaint.
In cases of rejection of plaint(not dismissal) under Order 7 Rule 11, the relevant material is, only the plaint averments and nothing else.
Devajyoti Barman
(Expert) 17 December 2009
Apart from it you can also file petition u/o14r2 of CPC for framing of preliminary issue if the cause of action relates to jurisdiction of the court or bar by any provision of law.