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ashok kumar (Social Worker)     24 April 2014

Fate of plaint & ti app during pendency of o7, r11 app

Fate of Plaint & TI App during Pendency of O7, R11 App

What is the Fate of Plaint (Order 7 Rule 1) & TI Application (Order 39 Rule 1 & 2) (TI Not yet granted) during pendency of Application under Order 7 Rule 11 (Not yet decided by Court)?

 

Is the Court legally bound to dispose off the Application under Section 7 Rule 11 before proceeding with the Plaint & TI Application or it can go ahead simultaneously with all the 3?

 

Can the Court insist on disposing off TI before disposing the Application under Section 7 Rule 11?

 

Please guide with Case Laws



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     27 April 2014

If an IA for rejecting the plaint under O7 R11 is pending, this will be first decided and disposed subsequently, if the suit is rejected, the other pending applications will be infructuous, if not the other applications will be decided on its merits.

ashok kumar (Social Worker)     27 April 2014

Dear Kalaiselvanji

Can U please help me with some SC Ruling on the subject

What is the full form of IA ?


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