Order 7 rule 11 & order 6 rule 16 application
Saurabh
(Querist) 30 August 2014
This query is : Resolved
Facts:
Plaintiff filed seeking permanent Injunction to prevent from dispossession of Suit property
Appl O.7 R.11(a)&(d)doesn't disclose any cause of action & O.6 R.16 abuse of process of court
CAN A PLAINT BE REJECTED WHEN
the plaint & supporting affidavit was prepared & printed with alleged cause of action dates (eg 03/02/2000, 04/02/2000, 05/02/2000)AND signed by the plaintiff and attestion of supporting affidavit was done on 19/01/2000.
And Finaly suit filed on 07/02/2000 after passing alleged COA dates.
Issue: the supporting affidavit is dated & attestion is 19/01/2000 but the cause of action alleged in the plaint is a future event, which is yet to happen. IT IS LIKE THE PLAINTIFF IS MAKING A PREDICTION IN AN AFFIDAVIT THAT CAUSE OF ACTIONS in plaint WOULD OCCUR TO HIM ON FUTURE DATES.
REPLY FROM PLAINTIFF o7 R11 APP IS INADVERTENT TYPOGRAPHICAL ERROR.
KINDLY help on the scope of success or failure of o7 r11 app on these facts.
Imp Case law on would be welcome.
Devajyoti Barman
(Expert) 30 August 2014
this is not fit case for rejection of plaint.
Dr J C Vashista
(Expert) 31 August 2014
Since there is no cause of action on 19/1/2000, which you have also affirmed in your plaint as well as supporting affidavit (wherein you have mentioned this fact as same may happen-a future event), the suit will not survive and shall be rejected u/o VII Rule 11 CPC.
Rajendra K Goyal
(Expert) 31 August 2014
If it is typographical error, court may not reject the plaint.
T. Kalaiselvan, Advocate
(Expert) 04 September 2014
There is no justification fora typographical error, the suit is bad and if established, it may be rejected.
