what next if petition under order 7 rule 11 dismissed
RAMJI
(Querist) 31 August 2013
This query is : Resolved
In one of the civil suit im the plaintiff, there are 8 defendants and 6 of them is set exparte since beginig, now 2 defendants filed W.S and one of them filed an I.A (petition/affidavit)to reject plaint u o 7 R 11.
I filed counter, Petitioner argument over and respondent argument also over, respondent filed a detailed written argument also.. date fixed for orders by the court( 15.09.13)... im confident that IA petition will be dismissed and the aggreived party is likely to go to High Court for either CRP or for Stay against the main suit proceedings with malafide objective of simply delaying the trial on suit...... in this situation, my queries are:
1. Meantime, can any of defendants go to High Court for filing CRP SIMPLY TO STAY ON SUIT AT LOWER COURT WHILE THE ORDERS ARE YET TO BE PRONOUNCED BY LOWER COURT(which may be on 15.09.13)?
2. The LOWER Court passing orders on IA,can it postphone the orders for any reasons?
3. Can the Plantiff, file a Caveat at High Court AS A PRECAUTION TO AVOID LAST MINUTE RUSH BEFORE EVEN ORDERS PRONOUNCED BY LOWER COURT?
4. IS THERE ANY FORMAT IN CPC PRESCRIBED FOR CAVEAT APPLICATION ?
5. any other views pls
Regards
Ramji
Devajyoti Barman
(Expert) 31 August 2013
1. File revision in high court.
2.no
3.yes
4.yes
5. consult your lawyer.
prabhakar singh
(Expert) 31 August 2013
1.Revision could be filed only after order is passed
2.yes!But not permanently.
3.Yes ! caveat can be filed.
4.Yes!format is provided.
5.No need.
R.K Nanda
(Expert) 01 September 2013
agree with Barman.
Rajendra K Goyal
(Expert) 01 September 2013
Well advised by the expert prabhakar singh ji, nothing more to add.
RAMJI
(Querist) 01 September 2013
Dear sirs
Thanks to all for quick pointing replies. May i request for one clarification as below:
1. DEFENDANTS CAN FILE REVISION ONLY AFTER ORDERS PRONOUNCED BY LOWER COURT SEEKING REVISION ON THE ORDER PASSED...
2. DEFENDANTS CANT FILE REVISION WITHOUT COPY OF ORDER FROM LOWER COURT... IS THIS RIGHT?
3. CAN PLAINTIFF FILE CAVEAT APPLICATION IN ADVANCE/ ANTICIPATION EVEN WITHOUT COPY OF ORDER ?
THANKS
REGARDS
RAMJI
adv. rajeev ( rajoo )
(Expert) 01 September 2013
After passing the order don't file any caveat if you are sure that you have got a case. If you file a caveat case will be admitted, if not there will be a chance dismissal while admission
prabhakar singh
(Expert) 01 September 2013
The reason behind saying '3.not desirable' was that admission of a revision is a matter between revisionist and court,till this stage opposite party has no right to say,right to say of opposite party starts with admission made.
Raj Kumar Makkad
(Expert) 01 September 2013
You have repeatedly been advised properly by experts.
RAMJI
(Querist) 02 September 2013
Dear Mr Rajkumar sir
I am happy to get excellent advises by all those professional members within record time. It is an excellent forum with highly experienced professionals both in theory & practice. I am sincerely thanking this forum, moderators/administrators and members...
Regards
Ramji
Raj Kumar Makkad
(Expert) 02 September 2013
Most welcome from your side for appreciation.
Advocate Bhartesh goyal
(Expert) 01 September 2013
