Limitation
b B Raju
(Querist) 05 April 2018
This query is : Resolved
Plaintiffs has filed asuit against me. At this stage immediately after receiving the summons I have filed order VII rule 11 petition praying for rejection of the plaint.
Is there any time limit to dispose my reject petition? Is it necessary for me to file written statement? Or can i wait till my petition is dispose off. Kindly suggest.
Ms.Usha Kapoor
(Expert) 06 April 2018
Although 90 days time limit is there for filing Written statement court in its Discretion may extend it beyond 90days in Hard cases.You wait till orders are passed by the court rejecting the plaint on the ground of limitation u/order 7 rule 11.If the plaint is rejected and then file Written statement.
.After plaintiff files a fresh suit after rejecting his plaint by the court in that you can file a Written statement.
SHIRISH PAWAR, 7738990900
(Expert) 06 April 2018
You have to file written statement within 30 days from the receipt of the notices however the time may be extended upto 90 days. If you fail to file written statement within prescribed time limit then court may pass no ws order against you. You should not wait till the disposal of your application.
R.Ramachandran
(Expert) 06 April 2018
It is not clear on what grounds you have sought rejection of the plaint.
However, the Application u/o 7 Rule 11 has to be decided on the basis of the averments made in the Plaint. Till the application u/o 7 r 11 is disposed of.there is no need for filing the written Statement in such cases. However, certain courts insist on filing of the written statement before deciding the application u/o 7 R11. In those cases, the defendant may file the written statement or if so interested, prefer an appeal against the direction/order whereby the defendant has been directed to file the written statement, before disposing of the application u/o 7 r11, and get the said direction/order set aside.
If the Application u/o 7 r11 is accepted and the plaint is rejected, THEN THERE IS NO NEED FOR FILING THE WRITTEN STATEMENT AT ALL.
Ms. Usha Kapoor is clearly on the wrong when she suggests: "If the plaint is rejected and then file Written statement.".
P. Venu
(Expert) 06 April 2018
Yes, the IA is to be decided basing on the averments in the plaint. Hence it is not necessary that written statement be filed. However, if the Court insists, you may file the Written Statement.
P. Venu
(Expert) 06 April 2018
Yes, the IA is to be decided basing on the averments in the plaint. Hence it is not necessary that written statement be filed. However, if the Court insists, you may file the Written Statement.
Dr J C Vashista
(Expert) 06 April 2018
Excellent example of misguidance by impersonating expert for cut and paste.
