Priyanshu Mehta (BUSINESS) 26 July 2017

Order 7 rule 3 and 7 rule 11 dismissed

Our 7 rule 11 and 7 rule 3 is dismissed by judge before 15 days. Can we go for appeal ? As our plot was captured by land grabber and we filled the case at police station but they didnt take any actions further. After that before we file case in the court the land grabber gone to court before us and filled the case. Our lawyer taken too much time so we couldnt file the case and in this situation the land grabber taken benefit and filled the case. We have replied to their case with order 7 rule 11 and 7 rule 3 for dismissal of their litigation application. But the order 7 rule 11 and 7 rule 3 was dismissed by judge with stating that your lawyer didnt done proper pleading. As we have original land records, deeds etc. and the landgrabber has some hose tax receipt and grampanchayat paper given by village sarpanch. After the 7 rule 11 dismissed the next hearing is on stay order demanded by landgrabber. Sir can they get stay order on the basis of house tax receipts, grampanchayat paper ? Please suggest can I go for appeal in this situation ? We have fired our lawyer for not doing proper pleading and taken our file. Now the situation is that how can we get those judgement copies ? Can we get those judgement copies from the court if we dont have lawyer ? Kindly suggest.

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7 Replies

Siddharth Srivastava (Advocate) 26 July 2017

You are required to engage a new lawyer and get the file inspected to ascertain the order and to obtain certified copy of order and without any further dealy challege the order of trial court. simultaneously make necessary corrections in your pleadings and update the case.Consult a lawyer with details.,

Priyanshu Mehta (BUSINESS) 26 July 2017

in which conditions the order 7 rule 11 and 7 rule 3 application could be dismissed ?

Siddharth Srivastava (Advocate) 26 July 2017

It depend upon the facts of the case. As such there is no universal principle. The order of the court and facts of the case are required to be examined to render any advise. If required consult with details.

Advocate Bhartesh goyal (advocate) 26 July 2017

Plaint can be rejected on the grounds mentioned in order 7 rule 11 of cpc but defendant has to satisfy the court that pleadings and documents of plaintiff attracts the grounds mentioned in order 7 rule 11 of cpc therefore Plaint is liable to be dismissed.

Priyanshu Mehta (BUSINESS) 27 July 2017

Sir,

As per my case mentioned above in the forum is there any chance to win in the appeal ? Can the judge dismissed order 7 rule 11 and order 7 rule 3 by just pleading without veryfying the documents ?

I want to know that can I go for appeal for dimissed order 7 rule 11 ? As per some lawyers reviews they said that mostly the judges dismiss the order 7 rule 11 in the gound of pleadings without veryfying the documents. As per our lawyer statement he said that we can not change the contents of order 7 rule 11 once submitted is it true sir ?

Please guide sir...

Advocate Bhartesh goyal (advocate) 27 July 2017

only pleadings and documents of plaintiff are considered to decide the application u/o 7 r 11 cpc.defendants pleadings and documents are not looked on.