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Bhaskaran Advocate (Lawyer)     18 July 2019

What order and rule?

Defendants has a valid title, Plaintiff sues claiming title to himself under forged documents but files a Injunction simpliciter.  Should Defendant seek Rejection of Plaint for want of proper pleadings i.e., Declaration of Title in plaint under Order 7 Rule 11 or some other order and rule.



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 3 Replies

Shashi Dhara   18 July 2019

If once step to court it takes years but it neverends it's. So try to drag the suit as far as possible no one can predict what happens in court

G.L.N. Prasad (Retired employee.)     18 July 2019

After the filing of written statements, if the facts are admitted and framing of issues, even an application for delivering judgment is also possible under Order No 12-Rule No 6 CPC.  Search in google for latest such judgments.

Bhaskaran Advocate (Lawyer)     18 July 2019

My question is important since I am put into that situation to file an application against the Plaintiff for rejection of plaint since he has not sought for declaration of title when his title is under cloud.

I am confused to file Application under O 7 R 11d  since in that case only Plaintiff averments are looked into.


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