Code of Civil Procedure Or VII R 11

Mani Narayanaswamy (Querist) 04 December 2009 This query is : Resolved
Can an application under Or VII R 11 to reject the plaint be filed after Written Statement is filed. Issues have not been framed?
Any Judgments?

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 04 December 2009
No. There is no need to file the written statement even rior to the moving of such application because while considering such application only the contents of the plaint are to be considered and no reliance can be put to the written statement.

N RAMESH. (Expert) 04 December 2009
An application to reject the plaint can be filed at any stage of suit, i.e even after filing of written statement and even after issues are framed.

N.K.Assumi (Expert) 04 December 2009
Refer the case of Popat and Kotecha Property Vs State Bank of India Association: 2005-(009) JT - 0332 - SC by Justice Arijit Pasayat and Justice H.K.Sema.