Dear Mr Joshi,
There is no hard and fast rule. Everything would depend on the facts.
In the facts provided by you, it has been mentioned that suit was filed along with application for interim. The interim application is most certainly under Order 39 CPC. Now it is important to note that interim order can be passed either ex-parte i.e. at the time when notice was issues in suit to defendant OR after hearing defendant when he comes before the court for the first time. In case case, since you have already file WS and Application under O 7 R 11 for rejection of plaint, therefore it is clear that interim was not granted at the time of notice. Thus, it suggests that the court was not inclined to give interim ex-parte. Thus, at this stage now, the court ought to decide the o 7 R 11 application first. meaning thereby, if the Application under O 7 R 11 is accepted, there is no point of interim as there is no suit . If the Application under O 7 R 11 is dismissed, only then the question of interim would arise.
Thus now coming to solution. Your counsel must press the court to decide the O 7 R 11 application prior to any interim. The judges are very intelligent people, and will understant that there is no point of interim if O 7 R 11 application succeeds. I hope you get my point.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
