order VII rule 11

Querist : Anonymous (Querist) 18 October 2010 This query is : Resolved
i'm appearing on behalf of defendant.... i want to file application under order 7 rule 11 of the civil procedure code..... is it mandatory to file the written statement first in the suit prior to the filing application under order 7 rule 11.. or i can file the application under order 7 rule 11 even without filing of written statement in the said suit...????

Follow Query

Report Abuse

Devajyoti Barman (Expert) 18 October 2010
This is the often asked question in this matter.
No, the defendant is absolutely not required to file any written statemented before filing any petition under order 7 rule 11 of cpc.
While disposing of such application the court is supposed to only look into the plaint and nothing beyond it to determine whether the parameters as embodied in rejection of plaint applies to the pleading in hand or not.
Like quashing of FIR, the court very sparingly allows rejection of plaint.

R.Ramachandran (Expert) 18 October 2010
Mr. Devajyoti is absolutely right.
See AIR 2003 SC 759 = (2003) 1 SCC 557.
AIR 2007 Pat.1(3)

adv. rajeev ( rajoo ) (Expert) 18 October 2010
You need not file w.s. You can file an application.
Refer the citation quoted by R.Ramchandran

Rajeev kulshreshtha (Expert) 18 October 2010
Yes there is no need to file Written Statement.

Prakash Langalia (Expert) 18 October 2010
i agree with devajyoti, however, time for filing of w.s is limited by amended c.p.c should be noted.

Khaleel Ahmed Mohammed (Expert) 24 October 2010
Mr. Berman well advised.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries