Application u/o 7 rule 11 cpc

monty lamba (Querist) 05 December 2015 This query is : Resolved
Dear All Expert's,

I'M a Defendant a suit for Declaration & Injunction

1.Plaint filed the present suit after 15½
years of execution of the Property
Documents (Notaries).the above
documents are knowledge of the
plaintiff

2.The plaint does not disclose any cause
of action before the present suit.

3. will i file U/o 7 Rule 11 CPC -
Application Ground of barred by
limitation.

4. I FILED ALREADY WS ,

PLEASE Suggest your valuable feedback.

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Advocate Bhartesh goyal (Expert) 05 December 2015
Plaint can be rejected u/o 7 r 11(a) of cpc if cause of action to file to file suit has not been disclosed but suit can't be rejected on ground of barred by limitation as the same issue of facts and law which requires and decide on basic of evidence.

Rajendra K Goyal (Expert) 06 December 2015
Agree with the expert Advocate Bhartesh goyal.

Dr J C Vashista (Expert) 07 December 2015
No cause of action and barred by limitation are 2 different objections, file an application and proceed for rejection u/o VII R 11 CPC, whereas take an objection (in WS) qua limitation.

monty lamba (Querist) 07 December 2015
Dear All,

Thanking you for your valuable feedback.

Warm Regards,

T. Kalaiselvan, Advocate (Expert) 13 December 2015
Expert Dr. Vahista has clearly explained the position of law.
Now you decide about filing petition under O VII R 11 or not.

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