O7r11 application
Jasvinder
(Querist) 06 July 2026
This query is : Resolved
A pvt ltd company have 2 director.
One director on behalf of company filed a injuction suit in civil court against me.
After much up and down in one other case between these 2 director of company one director other than who file injuction, given statement in high court that he had given resignation long back before this injuction suit and this director had no Locus standi to sue on behalf of pvt ltd company and this director who resign never stand in this injuction suit before the court.
When I came to know this I file o7r11 that this director had no locus standi to file any case in absence of resolution of board of director as Corum is not complete because of one director resignation and because of this no meeting can held and no resolution can be passed.
Am I right at this point.
Any case law.
Thanks in advance.
T. Kalaiselvan, Advocate
(Expert) 07 July 2026
A petition under Order 7 Rule 11 of the Code of Civil Procedure (CPC) can absolutely be filed if there is no proper cause of action. In fact, that is the very first and most common ground for this application.
An Order 7 Rule 11 petition is essentially a request to the court to reject a lawsuit (the plaint) at the very threshold, without going through a full trial, because the lawsuit is fundamentally flawed.
The lawsuit fails to show a clear legal right that has been violated, or fails to show why the defendant is liable. The court looks only at the text of the plaint itself—if the facts as written by the plaintiff do not add up to a legal claim, it is rejected.
Even if the statement in the lawsuit clearly shows that the case is legally blocked by some statute, this petition may come to your rescue.
Advocate Bhartesh goyal
(Expert) 08 July 2026
At the time of deciding application u / o 7 r 11 cpc ,court considers only avements made in plaint and documents submitted with plaint, defendants objections and reply is not considered, if court comes to the conclusion from plaint and plaintiff's documents that suit isnot maintainable and liable to be rejected then and only then suit may be rejected moreover ground that Corum of Board of Directors was not complete is matter of evidence .
