Ashok Kumar 09 September 2024

Permission to argue an order vii rule 11 application

In a civil suit with multiple defendants there is an application filed by one of the defendants under Order VII Rule 11. Do the other defendants have a right to reply to the application and also argue the matter?

Follow up question: If the other defendants did not submit a reply to the application, can they still argue the matter when it is listed for arguments?

Please advise. Thank you.

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3 Replies

Real Soul.... (LEGAL) 09 September 2024

Certainly the filing fo objections to any application by a party is matter of right. You should either agree with the application of file objections.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 09 September 2024

Yes, the other defendants can still argue the matter even if they didn't submit a reply to the application. Here's why: 1. *Right to be heard*: Defendants have the right to be heard and present their case, even if they didn't file a reply. 2. *No waiver*: Failure to file a reply doesn't constitute a waiver of their right to argue the matter. 3. *Order VII Rule 11*: This rule allows the court to hear arguments from all parties, even if they didn't file a reply. However, the court may consider the following factors: 1. *Delay*: The defendants' failure to file a reply might be considered a delay tactic. 2. *Prejudice*: The court might assess whether the defendants' lack of response has caused prejudice to the other party. To argue the matter, the defendants should: 1. *Prepare their arguments*: Clearly outline their points and supporting evidence. 2. *Be prepared to address*: The reasons for not filing a reply and any potential prejudice caused. 3. *Seek permission*: Request the court's permission to argue the matter, acknowledging the oversight and showing willingness to proceed. Remember, the court's discretion plays a significant role in allowing arguments from defendants who didn't file a reply. Be prepared to address any concerns and present a strong case.

T. Kalaiselvan, Advocate (Advocate) 09 September 2024

The other defendants can record their objections, if they have any and can even present their arguments provided they have any interest in the suit which would be hampered by the petition for rejection of plaint.