ashok kumar (Social Worker) 07 October 2014

Fate of ti application during pendency of o7,r11 application

Fate of TI Application during pendency of O7,R11 Application

In a civil suit, the defendant is ordered to file the reply. The defendant files an application under Order 7 Rule 11 for dismissal of suit. The plaintiff is not replying or arguing on this Application. The defendant prays to the Court that the application under Order 7 Rule 11 is disposed off first (in terms of SC guidelines on the matter in Saleem Bhai And Ors. vs State Of Maharashtra And Ors.) before the defendant is directed to file the reply.

1. What is the fate of the Application filed by the plaintiff for TI under Order 39 Rule1& 2, in this situation?

2. Can the court insist on disposing off the TI before disposing the application under Section 7, Rule 11? The TI being an off-shoot of the main petition, is it not logical that the application under Section 7 Rule 11 be decided before taking up the TI?

Please give case citations if any

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 12 October 2014

The temporary injunction or ad-interim injunction which is usually known as, will not be taken up first while an IA under order 7 rule 11 is pending. If the court is deciding on o39 rule 1 and 2 petition before deciding petition for rejection of suit, it is a procedural lapse, a revision may be taken up against any such erroneous order made by the court.

ashok kumar (Social Worker) 13 October 2014

Dear Sir

Just as the issue of dispensing with the necessity of giving reply to teh plaint is cleary decided in Saleem Bhai And Ors. vs State Of Maharashtra And Ors.) by SC, Is there any citation or Law which can be taken recourse to in the matter of TI?