LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

ORDER 7 RULE 11 (d

Learned Advocates, 

In a civil suit the plaintiff has lost the case at trial court..... Now he has made an appeal in district court but it is after the expiry of 30 days i.e. After 34 days......... Now the appeal got surprisingly admitted without any delay condonation application


Thereafter i have moved an application in district court under order 7 rule 11 (d) that the appeal is time barred an needs to be rejected 

Now my question is 

1) what is the time limit for defendant to file a reply for the same as it is almost 60 days now from the date of order7 rule 11 application 

2) i also have not file my written statement against the appeal and only filed the application for order 7 rule 11 and now it is 90 days from the summons date...... Can i file my reply after 90 days as my application of order 7 rule 11 is still pending?? 

3) was my stand correct in moving application of order 7 rule 11 d...... 
If the appeal is rejected than can a fresh appeal be filed in same court with an application for condonation of delay??


Learning

 3 Replies

Mr. Raghuwanshi   26 February 2018

Appeal court has jurisdiction to trail case after limitations. you should file your w.s. soon. you can take references of sec. 5 of limitation act.
1 Like

(Guest)
Thanks for your reply sir, under what section appeal court has jurisdiction to trial cases after limitation period? (without application of delay condonation)

(Guest)
what is the time limit for defendant to file a reply for my order 7 rule 11 application as it is almost 60 days now from the date of application

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register