What the remady against order u/o. 7 r.11 of cpc
Querist :
Anonymous
(Querist) 17 September 2011
This query is : Resolved
Dear friends,
what the remady against dismissal of suit u/o. 7 R.11 of CPC ? Have you any judgment in this regard ?
R.Ramachandran
(Expert) 17 September 2011
Please indicate as to what were the facts pleaded by you in the suit, which resulted in its dismissal under Order 7 Rule 11.
jitender pawaria
(Expert) 17 September 2011
Mr. R.RAMACHANDRAN IS CORRECT UNTILL YOU NOT SPECIFY ON WHICH GROUND YOU PLAINT REJECT BY COURT ITS NOT PRACTICAL POSSIBLE TO SUGGEST YOU
Querist :
Anonymous
(Querist) 17 September 2011
If as not maintenable or timebared .
Advocate Bhartesh goyal
(Expert) 17 September 2011
Mr.R.Ram chandran has advised you on the basis of legal as well as on the basis of practcal aspect,so without getting known the facts of case one can not advise you confidently.You can file an appeal against the order of dismissal and raise the point that"Limitation is a mixed question of fact and law and can not be decided before taking of evidence"cite reliance 2005{2} Apex Court Judgments 01{S.C}N.V.Srinivasa Murthy vs Mariyamma and others.
prabhakar singh
(Expert) 17 September 2011
YES EVERY ONE IS CORRECT.IF YOU WANT ACCURATE ADVISE,YOU NEED TO ATTACH THE COPY OF PLAINT HERE.
M/s. Y-not legal services
(Expert) 18 September 2011
If your plaint dismissed for any other reason mean you can challenge it before appeal, but since its dismissed by limitation mean almost you loose your case. Even without knowing the facts of your case we can't come to conclude it.
Chanchal Nag Chowdhury
(Expert) 18 September 2011
See whether U can file a suit on the same cause of action. If U feel the order is wrong, file a Revisional application under S. 115 CPC or To the HC under Art. 227 of the Constitution as the case may lie.
APPEAL DOES NOT LIE FROM SUCH ORDERS.
prabhakar singh
(Expert) 18 September 2011
A search on below given cite may provide you citations on o7 rule 11,if you are not interested in posting facts or plaint.
http://lawmirror.com/search.php?passed=&searchterm=cpc+order+7+rule+11+&sel=headnote&court=0&page=17
prabhakar singh
(Expert) 18 September 2011
File Number = 12493
PUNJAB & HARYANA HIGH COURT
Civil Procedure Code, 1908, Order 7 - Rule 11 - Rejection of plaint - Affects the rights of parties conclusively - Deemed to be decree and thus appealable.
Civil Procedure Code, 1908, Order 7 - Rule 11, 13 - Territorial jurisdiction - Lack of - Not a ground for rejection of plaint.
Civil Procedure Code, 1908, Order 7 - Rule 11, 13 - Territorial jurisdiction - Lack of - Return of plaint - Remedy against - Held, the only remedy is to challenge this order passed in an appeal O.43.R.1(a) of the Code.
BUT
there are conflicting decisions on point appeal lies or not.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 September 2011
After notice is issued 7x11 can be invoked it is the stage prior to issue of notice by court.
Please show the order or post it , you can file revision instantly.
