Order 7 rule 11 of cpc
Querist :
Anonymous
(Querist) 02 September 2017
This query is : Resolved
A Plaintiff Lady and her Late Husband (Being the joint holder of their building property) had made a Lease Deed Agreement with a Proprietorship Firm represented and signed by its proprietor for 05 years in December,2008. In 2011 the Father of the then proprietor takes over as proprietorship of the same firm, Trade Licence has been issued to the Father as proprietor of the same firm, Bank Accounts of the firms remained same and proprietor being changed. The Plaintiff and her husband had been informed by both past & present proprietors verbally about the change as the son got a job outside that time. The Plaintiff herself had received Rents for 02 consecutive months in Feb and March,2011 from the same firm and the cheques were signed by the Father as the new proprietor. But after that suddenly they stopped receiving payments, did a false case against the son, father and their security guard on Cr.P.C. 107 at Executive Magistrates Court, and also filed a G.R. Case (U/s. 156/3 Cr.PC) with several sections of IPC and Cr.PC in 2011. And after in 2012 that also filed a Eviction Case U/s. 106 of T.P.Act against the Son (Past Proprietor), Father (Present Proprietor) and Son's Wife in one Single Plaint / Suit, with a plea to Evict all from her premises with damages(All Rents) and interests thereon. But the Agreement was not at all signed between any of the three defendants in individual capacities with the plaintiffs, but was made between the Plaintiffs and the Proprietorship Firm. Under such case can we file Order 7 Rule 11 petition at this moment when trial is going on ? And Can we get relief from this Order 7 Rule 11 application from Ld. Civil Court ? Please guide.
Advocate Bhartesh goyal
(Expert) 02 September 2017
Application u/o 7 r 11 of cpc on behalf of son and his father is not maintainable as son had executed lease deed as proprietor of firm and later on father became proprietor of firm so both have connection with firm hence suit for eviction is maintainable against them but against son's wife suit is not maintainable as she is neither proprietor of firm nor she has executed lease deed in favour landlord further she has no relation/concern with prop firm.there is also no relation ship of landlord and tenant between plaintiff and her so against son's wife case is not maintainable you may file application u/o 7 r 11 of cpc on behalf of son's wife..
R.K Nanda
(Expert) 02 September 2017
no reply to anonymous query.
Kumar Doab
(Expert) 02 September 2017
AQ..................is not replied....
Kumar Doab
(Expert) 02 September 2017
Pls post with your ID..............
Rajendra K Goyal
(Expert) 02 September 2017
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