sreekanth (Junior advocate ) 12 December 2023
anjali tamrkar 05 January 2024
Order 7 rule 11 is second application for rejection of plaint is maintainable or not .state any case law?
Order 7 rule 11 states the grounds for rejection of the plaint .As per the above query the second application for the rejection of plaint under order 7 rule 11 is not maintainable as stated in the case of Ashwin Desai vs Bijay kumar Manish kumar Huf 15th November 2016,on the basis of the facts of the case , it is evident that the grounds urged by the defendant petitioner in the second application for rejection of plaint and the ground urged in his said earlier application decided by this Court in the revisional application are completely different. Therefore, the dismissal of the earlier application of the defendant petitioner for rejection of the plaint by this Court could not render the second application of the defendant petitioner under Order VII Rule 11 of the Code to be not maintainable. Hence the said second application under Order VII Rule 11 of the Code is not maintainable
sreekanth (Junior advocate ) 03 April 2024