sreekanth (Junior advocate ) 12 December 2023

Rejection of plaint filed by the same defendant for the second time and its maintainability.

Respected Seniors and Colleague's. i would like know if a defendant can file Rejection of plaint (O7Rule11) multiple times or for the second time. the reason for filing Rejection of plaint for the second time is that a revenue tribunal has dismissed an appeal. the plaintiff files an appeal challenging an Occupancy rights certificate granted by the MRO. the Additional collector dismissed the appeal filed by plaintiff challenging the MRO order on the grounds that the nature of the agriculture land has changed from agriculture to non agriculture. the Dismissed order states that the collector doesnt have the jurisdiction since the nature of the land has changed. the collector has not touched upon the merits. kindly help me on this rare occurance. the same defendant has filed the Rejection of plaint for second time and is it maintainable. kindly share any case laws if any. Thanks Sir's

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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