Stage of u/o 7 rule 11 cpc application filling.
monty lamba
(Querist) 13 October 2015
This query is : Resolved
Dear Sir,
मैं एक डिफेंडंट हुँ, अगर WS फाइल कर दिया गया हो, U / O 39 RULE 1 & 2 PLAINT का DISMISSED हो गया है, ग्राउंड ऑफ़ plaintiff has failed to prove that there is a prima facie case in favour of the plaintiff. क्या मैं U / O 7 RULE 11 CPC के तहत APPLICATION लगा सकता हुँ the ground of
1.the Plaintiff did not disclose the fact earlier regarding GPA, Receipt of Money, Agreement to Sell and Affidavit or not file the present suit earlier.all documents 16 years old.
Anirudh
(Expert) 14 October 2015
These are not the grounds on which the plaint can be rejected under Order 7 Rule 11.
You will not succeed in your Application u/o 7 rule 11.
monty lamba
(Querist) 14 October 2015
Sir,
As per limitation act 1963, plaint will be filed maximum 3 years after the knowledge
1.plaint filed suit for declaration &
injunctions, along with GPA,Agreement to
sell, Receipt & Affidavit with Notarized
all year 1999.
2. why i'll not succeed please request
clear the fact.
3. what is the file to rejection for
plaint
Anirudh
(Expert) 14 October 2015
1. You did not indicate these facts in your first post.
2. If the injunction is now sought, what is the cause of action for asking such a relief? If that cause of action is within 3 years, the plaint cannot be rejected.
monty lamba
(Querist) 14 October 2015
thanking you,
1.means plaint will be dismissed power of
under Order 7 Rule 11 CPC.
2.the Plaintiff did not disclose the fact
earlier regarding GPA, Receipt of Money, Agreement to Sell and Affidavit or not file the present suit earlier.all documents 16 years old.
3.plaint not filed last 16 years any
declaration suit not disclose the fact
earlier regarding GPA, Receipt of Money, Agreement to Sell and Affidavit.
4. defendant already filed complaint case Ld. M M Court, against plaintiff for cheating & forgery same documents produced in DDA lease hold to freehold year 2013, before present suit.
T. Kalaiselvan, Advocate
(Expert) 17 October 2015
Just dismissal of injunction petition cannot constitute grounds for rejection of plaint under order 7 rule 11.
The contents what you added subsequently may if pleaded as per circumstances of the case in your favor, you may have a chance to succeed.
monty lamba
(Querist) 19 October 2015
the plaintiffs file the present suit after 15½ years of execution of the GPA, agreement to sell, affidavit & receipt of money --- the same is barred by limitation.
monty lamba
(Querist) 19 October 2015
the Plaintiff did not disclose the fact earlier regarding GPA, Receipt of Money, Agreement to Sell and Affidavit or not file the present suit earlier.
