Does Order 7 Rule 11 apply to Miscellaneous cases as they are not suits and only Application is filed and the Order says rejection of plaint for suits ?
Vishu (Manager) 11 September 2013
Does Order 7 Rule 11 apply to Miscellaneous cases as they are not suits and only Application is filed and the Order says rejection of plaint for suits ?
Dr J C Vashista (Advocate) 11 September 2013
Basically it is an acedemic querry. However, Order VII Rule 11 CPC states four conditions when the plaint (Civil suit) may be rejected. The rule applies when eithr there is no cause of action against defendant or short of court fees, go through CPC
surjit singh (Assistant) 11 September 2013
This section rationally speaks about rejection of a plaint. It cannot be said unless you disclose what is your miscellaneous case for.
Advocate Bhartesh goyal (advocate) 11 September 2013
Yes order 7 rule 11 cpc applies on miscellaneous applications .see sec 141 of cpc
141.Miscellaneous proceedings.-
The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.