Revision & appeal
RAMJI
(Querist) 04 August 2015
This query is : Resolved
Dear Experts
In a civil suit, one of the Defendant filed an IA under O 7 R11 for rejection of the plaint. I am the plaintiff in person, i filed counter, argued, heard both sides and
REOPENED SUOMOTO FOR ARGUMENTS BY NEW JUDGE, DURING THAT TIME I FILED A FRESH APPLICATION (WITH SR NUMBER) PRAYING FOR INTERIM INJUNCTION AGAINST DEFENDANTS AS THEY ALIENATED ONE OF THE PPTY WHILE CASE WAS PENDING. BUT THIS APPLICATION WAS NOT NUMBERED AND JUDGE KEPT IT PENDING WITHOUT REMARKS NEITHER RETURN.
AFTER THREE MONTHS, last week orders were pronounced in IA that "in result this IA under O7 R11 is allowed and hence plaint is rejected". (As regards my pending application to be numbered there is nothing in the order neither in the docket, i.e file is not closed neither returned to me subsequent to passing order under O7 R11)
I am planning to go to high court for appeal remedy.Now, my queries are as follows:
1. Should i file a review petition (CRP) against the order passed on the said I.A by lower court.
2. Should i file a Appeal Suit (A.S) against the 'decision of rejection of plaint" passed by lower court
3. Or should i file BOTH CRP & A.S parallel on the same day.
4. As regards, the pending applications (@ SR stage for more than 3 months). (In spite of my verbal reminder to the bench clerk on this, they are not closing this application) and neither mentioning it in the said order and simply keeping it in bundle.My query is What is that the learned judge /court is suppose to do as per law /practice /procedure? before dispatching it to record section.
Thanks
Regards
Ramji
Dr J C Vashista
(Expert) 05 August 2015
@Ramji,
Application u/o VII Rule 11 CPC is being filed by defendant and not the plaintiff. If dismissed, suit proceeding shall continue.
In your case the suit stands rejected.
For further enquiry, advise and proceedings contact me, if you like.
P. Venu
(Expert) 05 August 2015
What are the grounds relied in the IA and how it happened to be allowed and the suit dismissed?
RAMJI
(Querist) 05 August 2015
Dear Mr venu, detailed order is under typing not yet issued, but orders pronounced that petition is allowed and hence plaint is rejected..... ( its not dismissed ..its rejected that's all)..your further views and quries are welcome .thanks
rajagopal.s
(Expert) 05 August 2015
Hi
The plaint if rejected under Order 7, Rule 11, then it must be on inherent defects in the plaint per se.
Generally Order 7 rule 11 is applicable if only if a) the proper cause of action is not explained in the plaint or b)statement in the plaint to be barred by any law.
If the plaint is rejected under Order 7,Rule 11, the defendant's case is not judged at all and this is decided only on the plaint .
Hence you need to sincerely look in to your plaint, speak to a lawyer and then decide .
