Applications on 7/11 and section 11 of cpc
Aseem Vaishya
(Querist) 16 January 2016
This query is : Resolved
A Revenue forest land is allotted to us by Ministry of Environment and Forest for use of Petrol Pump and Allied services at Gwalior. The land in revenue records is mutated in FOREST name (11.5 bigas).
While the allotment process was going on One Sarmanlal filed a case in trial court saying the same land was cultivated by his father so on basis of adverse possession the same shall be mutated in his name, he lost the case up to Apex Court on delay and Merit.
In meanwhile Ministry of Environment and Forest allotted 0.720 hectares of land (out of 11.5 bigas) to us for use of Petrol Pump and Allied services under Forest Conservation Act 1980 Section 2 and after completing all the formalities land was handed over to us in 2013.
Now Mother, Brothers and nephew of Sarmanlal again filed the suit in trial court claiming the same land as legal heirs of Shankarlal who was father of Sarmanlal on the same ground and all the documents filed are certified copy of earlier case.
Our lawyer filed an application under order 7 rule 11 with all documents and copy of all judgements passed in earlier case by Sarmanlal on basis of res judicata and court fees (which they have estimated very low then guideline rates) during this in March 2015 Bhagwan Devi W/o Shankarlal and mother of Sarmanlal and others passed away.
Plaintiff filed and an application under order 22 rule 4 to take sarmanlal on record which court accepted and amendment in plant was made with Sarmanlal as a legal heir of Bhagwan Devi.
Our lawyer is now filing an application under section 11 of CPC to decide the case on basis of res judicata.
Here, I would like to mention that our application of 7/11 is still pending and we feel judges mind is bent towards Sarmanlal's family.
Could you please guide us whether we are going on right track or some other steps also should be taken by us and also request for some citations in above matter?
Thanks & Regards
Aseem Vaishya
9425116694
ROHIT SHARMA
(Expert) 17 January 2016
1. Yes, your application u/s 11 of C.P.C. will be sustained and later under order 7 Rule 11 of C.P.C. the plaint of plaintiff can sought to be rejected.
2. Yes, you are going on the right track.
3. you can get my contact details by clicking my name shown in the margin of this reply format.
4. you need to be briefed as how the procedural laws will be espoused by the court. The court is never partial but they listen to both sides equally.
5. You may opt to have phone consultation with me provided that you are willing to remunerate a moderate sum towards such consultation.
Rajendra K Goyal
(Expert) 17 January 2016
All the documents need to be referred, consult local lawyer.
Dr J C Vashista
(Expert) 19 January 2016
Consult another local lawyer with all details and documents.
