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Discussion > Family Law > Divorce > Order 7 rule 11 of cpc   Unanswered Threads Post New Topic

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There are 6 Replies to this message


pun


eng
[ Scorecard : 476]
Posted On 17 March 2013 at 14:58 Report Abuse

Hello Members, 

As per order 7 rule 11 of CPC

 

11. Rejection of plaint

The plaint shall be rejected in the following cases:—

 

(a) where it does not disclose a cause of action;

 

I want to know if this clause is applicable in divorce case where wife has not mentioned anywhere the cause of action and only vague allegaton without any date specific incident is submitted

 

Thanks 



Goutam Prasad


Advocate
[ Scorecard : 569]
Posted On 17 March 2013 at 15:43 Report Abuse

Please do not try to mis-interpret law. You are talking of something which needs to filed on very first day of your appearance as respondent, i.e. "objection".

It seems your wife maight not hired any advocate and hence filed suit for divorce in ordinary language. Her false allegation will work as cause of action and suit will proceed go on and the same will not be dismissed at this point of time.

Although you can try to raise your objection as you thinks so, but ultimately will lead to waste some dates only.

I will suggest you to hire good advocate and let him do the best action as per his desire.

 

Goutam Prasad

Advocate

 

Mob: 9810753838

 

http://www.aegisjurist.com

 

http://www.facebook.com/aegisjurist


pun


eng
[ Scorecard : 476]
Posted On 17 March 2013 at 17:14 Report Abuse

Thanks Goutam for response.

I am not sure if the court expects from someone to have knowledge of all sections of CPC when he appears for the first time in divorce matter. I have heard that the application under order 7 rule 11 can file at any stage of the case. My case is in mediation stage and till now no WS or say is filed by me. I want to know if i file this application is it going to be heard first before any intermin application and filing of WS or say.

 

Thanks


Tajobsindia


Senior Partner
[ Scorecard : 17837]
Posted On 17 March 2013 at 19:16 Report Abuse

I completely differ to opinion of @ Goutam.

1. the power to attract the provisions of O 7 / R 11 CPC is not conferred on the party, but it is conferred on the Court and it is the Court alone which can exercise the powers to reject the plaint under O 7 / R 11 CPC.

2. it is the bounden duty of every Court to obtain the report of the Munsarim or Reader of the Court as the case may be and thereafter if the contents of the plaint constitute a cause of action; it is sufficiently stamped and it is not barred by law the Court shall order to register the plaint and if it does not disclose any cause of action or it is insufficiently stamped or it is barred by law then without there being any prayer of the defendant the Court is duty bound to reject the plaint suo-moto.

Ref.:
1. Saleem Bhai and Others Versus State of
Maharashtra and ors.
[2003 (1) SCC 557]
2. General Rule (Civil) of your HC should also be referred by you for better understanding of your own question !

@ Author

Your second brief here is slightly distinguishable as you laced your brief out of vacuum without disclosing in first instance that mediation is going on between parties followed by admitting that not even w/s has been filed, hence in such facts of the matter;

A. the trial Court ought to first ask you to file O 7 / R 11 CPC.
B. thereafter should issue the directions to file the w / s of defence.
C. post mediation (failure if any) firstly you have to build up a tangible case as to how the wife's suit matter was barred by law? Secondly, you have to make it clear that how did the cause of action not arise in the suit matter? (addendum in reverse to para A above)

Hope above helps ?



Total thanks : 1 times

Nadeem Qureshi 9953809956


Advocate/ nadeemqureshi1@gmail.com
[ Scorecard : 20901]
Posted On 17 March 2013 at 19:52 Report Abuse

agree with tejobsindia


Vijyant Nigam (09807349001)


Advocate
[ Scorecard : 554]
Posted On 18 March 2013 at 17:57 Report Abuse

agree with the duo above


pun


eng
[ Scorecard : 476]
Posted On 19 March 2013 at 13:29 Report Abuse

Does the court ask applicant's say if application is filed by respondent under Order 7 Rule 11 of CPC ?



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