Can we file application under Order 7 Rule 11 in HIGH COURT?

Business

Trial court dismissed suit for specific performance of alleged contract by Unregistered Firm, on law (Sec 69 of partnership act & 14(3)© of Specific Relief Act) + ALL facts.

It has filed 1st appeal in HC which stands ADMITTED.

Now can I file application under order 7 rule 11 for dismissal as Not Maintainable u/s 69(2) of Partnership Act?

My lawyer believes that it can be filed obtained in trial court, and not high court.
 
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