Scope of 7-11 ruling for seeking rejection of paint
Anil Kr Garg
(Querist) 26 May 2016
This query is : Resolved
Plaintiff had filed 2 separate suits for specific performance of oral contract to purchase land, later reduced to separate MOUs requiring proper Agreement that buyer was to send to Seller for approval. Plaintiff claims in plaint that he sent one draft agreement between his company and the mother who made changes therein not acceptable to buyer and hence the breach. Since mother breached, the daughter would have breached too.
Plaintiff is individual and not a Party to the draft allegedly changed by the mother.
Daughter is not a Party to that draft and her land not subject matter of this draft.
Now, can daughter seek rejection of plaint under 7/11 on the ground that plaint doesn't show any breach on her part and hence, no cause of action? Kindly advise.
Siddharth Dev
(Expert) 01 July 2016
Yes you can file 7(11) absence of cause of action is a strong ground for rejection.
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