Second application under o. vii r. 11
minsal
(Querist) 14 July 2023
This query is : Resolved
Respected Experts,
In one of my civil suit (transferred from other advocate) the defendant has moved an application under O. 7 R. 11 for rejection of plaint for not providing the copy of plaint alongwith the service of summons (by earlier advocate). The court has rejected the same and directed the plaintiff to serve the copy of plaint with cost. The Plaintiff has complied with said order. Now the defendant has again moved an application under O. 7 R. 11 for no cause of action, not paying properly court fees and other grounds.
My query is that can defendant move such two applications under the same provision? Can I ask in my reply for rejection of said application as it is filed second time? If so then under which provision? Please do the needful.
K Rajasekharan
(Expert) 15 July 2023
The second application is under Order 7 Rule 11 (3) for having no cause of action, but the earlier application was under a different provision for not serving the documents he should get.
He cannot raise the issue of cause of action without getting the copy of the plaint.
So second application is not objectionable, but if proper fee is not paid that needs to be cured.
T. Kalaiselvan, Advocate
(Expert) 15 July 2023
If you have an objection for the reasons you rely upon, then you can give your objection to the second application in writing and strongly argue on the matter, but sine the second application was with a different cause of action, it can be taken up on the files of the court.
Advocate Bhartesh goyal
(Expert) 16 July 2023
Since defendant's second application under order 7 rule 1 CPC is on ground of "cause of action" and not paying "sufficient court fees" whereas earlier application was for not providing copy of plaint and documents are not similar ground and provision so your objection in this regard is not tenable.
minsal
(Querist) 20 July 2023
Respected sirs,
Thank you so much for spending your valuable time and guiding me.
