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jain@lawyersclubindia (Prop.)     17 May 2017

Rejection of plaint

 

I am defendant and in my Preliminary Objections of WS I have pleaded various objections for the rejection of the plaint which includes Order VII rule 11 of CPC, No cause of action ever arose in favor of the Plaintiff, etc.

Case is now at the stage of my evidence and one of my witnesses with documentary proof proves that the Plaintiff was not in India at the time of Cause of action as pleaded by the Plaintiff in his plaint and also not present at the date of signing the plaint and also not present at the time of filing the suit in India, whereas Plaintiff had sign and veriffy the plaint showing the date and place that he is in India on that date.

Please let me know what can I do for rejection of plaint and HOW?   



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 1 Replies

Siva (Lead)     20 May 2017

You can file an rejection of plaint before the court.

As per the 7 Rule 11 of CPC, The court can reject the plaint for the following reason.

1. under valuation of the claim

2. no cause of action. etc..

Again, The judge's discretion ... it is your right to file a application to reject the plaint.

 

 


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