Defending a non-maintainable case?

Querist : Anonymous (Querist) 10 January 2011 This query is : Resolved
I am defending a case since last 5 years,the case is on the stage of DE--Defendant Evidence.

And now suddenly a new ruling has come and according to that ruling,the case against me has become non-maintainable.

What should I do at this point of time?

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Amit Minocha (Expert) 10 January 2011
file an application under ORDER VII RULE 11 CPC (assuming the suit is civil suit) for dismissal of the case on the basis of said ruling

R.Ramachandran (Expert) 10 January 2011
Order 7 Rule 11 will be applicable only if the contents of the plaint are hit by any of the provisions of law. If any ruling has come in your favour, then you have to use that ruling while arguing the case. You will not be able to file Order 7 Rule 11 application at this stage.

sachin sethi (Expert) 10 January 2011
File an application before the court to treat the issue of non-maintainability as a preliminary issue...but before that ascertain that ruling is operative with retrospective effect..

Kirti Kar Tripathi (Expert) 10 January 2011
merely on the basis of a ruling the case can not be held not maintainable during the pendency of the case. unless final stage is not arrived, merely on the basis of ruling, one party can not be deprived from his right to place his case. order 7 rule 11 will also apply in the case.

Advocate Bhartesh goyal (Expert) 10 January 2011
Application U o7R11 of C.P.C can be filed at any stage of the proceedings.There are several grounds on which plaint can be rejected but in your case no ground applies. you say that you have got recently a ruling and according to that case is not maintainable{barred by law}then you may file application U O7R11 ofC.P.c

R.Ramachandran (Expert) 10 January 2011
Please give the citation of the new ruling.

R.Ramachandran (Expert) 11 January 2011
I do not know why Anonymous is not indicating the citation or at least paste the decision which he is referring to.

Parveen Kr. Aggarwal (Expert) 13 January 2011
Without knowing what is the case and what has been held in the new ruling, how can the query be replied?

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