adv. sunil patil (lawyer) 29 June 2011

Ground for dismissal of suit

dear sir

if any person files a suit for injuntion for demolition of suit property newly constructed over a unauthorised illegal structure house belongs to defendant and a property card is in the name of defendant since last 30 years. and plaintiff saying that the old house is built over a ancestral land and the said land was in the name of ancestor and aquired by the Government befor 30 years ago for development of new city. also saying that the said land is developed by one cidco, the governmet co. but the plot over said land was open since last 30 years. and now there was a house of defendant which was demolished for reconstruction. and said property is in the possession of defendat.

my question is - Can defendant make an application for dismissal of suit on the ground that there is no right of plaintiff in a suit property and he has no right to sui ( locus standi)?

can defendat make 9A application for dismissal of suit ?

what are the provisons and case laws if any?

please guide .

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6 Replies

(Guest)

by reading as if the suit will not be dismissed. No such petition is maintainable, the defendant has to file the written statement and contest the case in merits only. premature dimissal not possible, But before filing the suit make it sure that you have got a prima facie case in your favour.

1 Like

Ambika Prasad Mishra (Lawyer) 30 June 2011

The defendant can always file a petition under Order - 7 Rule - 11 CPC for rejection of plaint and such a petition is maintainableeven after filing of Written Statement. One of the grounds for rejection of plaint nder that provision is ABSENCE OF CAUSE OF ACTION or NO CAUSE OF ACTION.....
In the instant suit it appears that You dont have any cause of action, bcause u dont have any title over the property in question. However, if your claim is based on tortious claims viz easmentary Right or Nuisance, then obviously you have got a cause of action. so first check it out whether you have got a cause of action or not?

Kiran Kumar (Lawyer) 30 June 2011

keeping in view the facts stated by you, it will be better to contest the matter on merits.

P V Namjoshi (pvnamjoshi@gmail.com) 17 July 2011

Stray issues are not decided by the court. Please go through Order 14 Rue 2 CPC first. Secondly you have to raise all defences in your written statement including the defence of maintainability of the suit. Thereafter the case will be taken for evidence and due course the case wil be decided.

Advocate Dinesh Bisariya (Lawyer) 09 April 2019

Please give me reply on the following

Xyz Pvt Ltd company of Ghaziabad UP supllied the item to ABC Pvt Litd Company of Delhi under interstate transaction agst. FORM C of CST Act. Xyz Pvt Ltd company of Ghaziabad UP was assessed by the Tax authority of Ghaziabad and impose differential Tax in absence of Form C Now Xyz Pvt Ltd company of Ghaziabad UP filed a CIVIL SUIT in Ghaziabad Court but in reply submitted by ABC Pvt Litd Company of Delhi for rejection or dismissal of Civil Suit filed by plantiff on the ground this matter pertain to Delhi Jurisdiction.

PLEASE ADVICE WHETHER Ghazibad Court may reject or dismissed the filed suit