Order 7 rule 11 - rejection of plaint
Keshaav Chakrbarty
(Querist) 02 September 2017
This query is : Resolved
(i) 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. (ii) 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. (iii) The Plaintiff and her husband had been informed by both past & present proprietors, though verbally only as that time the relationship between partied were cordial, about the change of proprietorship,as the son is physically challenged and got a job outside that time. (iv) 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. Bothe cheques got enchashed from the same Proprietorship Firms Bank Account. (v) But after that suddenly they stopped receiving payments, did a false case against the son, father and their security guard altogether, first on u/s. Cr.P.C. 107 at Executive Magistrates Court, and second also filed a G.R. Case (U/s. 156/3 Cr.PC) with several sections of IPC and Cr.PC in 2011. (vi) Though they have mentioned about filing of these cases in thei eviction suit also in 2012, but while filing Affidavit-in-chief in 2017 August, they did not mention the results / present status of those criminal cases filed by the Plaintiff against defendant no-1,3 and their security guard of the firm; (vii) And after that in 2012 they also filed a Eviction Case U/s. 106 of T.P.Act against the Son (Past Proprietor), Father (Present Proprietor) and also against Son's Wife, in one Single Plaint / Suit, with a plea to Evict all from her premises with damages(All Rents) and interests thereon. (viii) 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. (ix) That period our Advocate told that Rent cannot be deposited in Rent Control as our firm and the leased property is located in Gram Panchayat Area. (x) Hence as per Advocates suggestions we started sending Money Orders to the Plaintiff every month, which plaintiff refuses, and does not accept. (xi) Even the Defendant no-1,3 and the firm's security guard filed a Money Suit against the Plaintiff in 2016 after getting acquitted from the criminal case (G.R. Case) filed by the plaintiff for : Suit for damages for malicious prosecution and arrest due to false complaint. No w/s submitted by the plaintiff for this Money suit till date. Under such circumstances 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 ? Can a Plaintiff file an Eviction Suit by mentioning 3 separate defendants in one plaint ? Is that accepted or maintainable ? Please guide.Thank you, Regards.
R.K Nanda
(Expert) 02 September 2017
query too long to reply on free site.
Adv. Yogen Kakade
(Expert) 04 September 2017
Application under order 7 rule 11 can be filed before the same trial court and it can be filed anytime during the process. Ask your Lawyer to explain you or read citations and provisions.
