Order 7 rule 11
hussain
(Querist) 21 April 2014
This query is : Resolved
Can a civil suit be dismissed under order 7 rule 11 if the plaintiff fails to give 60 days notice to the respondents before filing the civil suit in the lower courts? Although the plaintiff has got the notice period waved off by an application to the court. The suit is at evidence stage. Pls explain & oblige
Thanks & warm regards
P. Venu
(Expert) 21 April 2014
The said rule does not mention of any Notice period.
Dr J C Vashista
(Expert) 21 April 2014
1. Not necessary to issue notice (especially 60 days). However, it is advisable to issue 15 days notice to create another cause of action, it can be waived after issue of notice to defendant (by Court).
2. U/O VII CPC no suit can be dismissed, however, it can be rejected.
3. Or. VII Rule 11 CPC deals with deficiency of court fees or cause of action, wherein the same can be rectified and restored.
Devajyoti Barman
(Expert) 21 April 2014
This is not a ground for rejection of plaint.
Rajendra K Goyal
(Expert) 21 April 2014
Agree with the expert Devajyoti Barman ji.
R.K Nanda
(Expert) 21 April 2014
suit cannot be dismissed on this ground.
Biswanath Roy
(Expert) 21 April 2014
Rightly opined by Learned Expert Dr. J. C. Vashista. I agree.
T. Kalaiselvan, Advocate
(Expert) 21 April 2014
I agree with Dr. Vashista's views. It is not mandatory to issue notice except in money suit.
