Application for rejection of plaint after chief-examination
Law Querier
(Querist) 15 March 2018
This query is : Resolved
Can respondent file an application for rejection of plaint u/O.7 R.11 of C.P.C. after the stage of chief-examination of the petitioner side and before the stage of cross-examination of the petitioner side?
Advocate Bhartesh goyal
(Expert) 16 March 2018
Yes,application under order 7 rule 11 of CPC can be filed at any stage of the proceedings.
Bhaskaran Advocate
(Expert) 16 March 2018
When an application is filed under O7 R11 which can be filed at anytime the Hon'ble Court shall only go through the plaint and see if there is no any cause of action, if proper fees has been paid and if the suit is barred under any law.
The Hon'ble Court need not read the averments made in the Application. Usually this application is filed to drag on the case.
Vijay Raj Mahajan
(Expert) 16 March 2018
Application u/o 7 Rule 11 CPC can be filled at any stage till the final order is passed by the court in the pending suit/petition for its adjudication. The legality involved in the suit/petition has to be determined first by the court before any decision taken on merits. Whether such application made for dragging the case or getting decision on legal grounds is matter of facts on each case. I have used this provision of law to get the suits/petitions dismissed on question of law many a times while the opposite counsels was arguing that the application were made to drag the case, a typical argument by any counsel defending the application u/o 7 r 11 CPC..
Dr J C Vashista
(Expert) 17 March 2018
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