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Code of Civil Procedure Or VII R 11

(Querist) 04 December 2009 This query is : Resolved 
Can an application under Or VII R 11 to reject the plaint be filed after Written Statement is filed. Issues have not been framed?
Any Judgments?
Raj Kumar Makkad (Expert) 04 December 2009
No. There is no need to file the written statement even rior to the moving of such application because while considering such application only the contents of the plaint are to be considered and no reliance can be put to the written statement.

N RAMESH. (Expert) 04 December 2009
An application to reject the plaint can be filed at any stage of suit, i.e even after filing of written statement and even after issues are framed.
N.K.Assumi (Expert) 04 December 2009
Refer the case of Popat and Kotecha Property Vs State Bank of India Association: 2005-(009) JT - 0332 - SC by Justice Arijit Pasayat and Justice H.K.Sema.
Adinath@Avinash Patil (Expert) 04 December 2009
At any stage application for rejection of plaint can be filed.
Mani Narayanaswamy (Querist) 05 December 2009
thanks for the reply
Poonam Upadhyay pathak (Expert) 05 December 2009
AT any stage the application for rejection of plaint can be filed
pawan sharma (Expert) 09 December 2009
At any stage application of O 7 R 11 can be filed whether W S filed or framed the issue in the plaint.
aman kumar (Expert) 20 October 2010

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