Can supplementary application under o 7 r 11 be filed?
Mr Sreejit
(Querist) 30 June 2018
This query is : Resolved
Dear Seniors and Experts,
In a suit for title and possession, the Defendants filed an Application under Order 7 Rule 11 (a) and (d).
Earlier Hearing O 39 Rule 1 and 2 along with Order 6 Rule 17 were conducted.
On filing O 7 R 11, the next date is posted for hearing this in July.
Pending hearing of the application, can the defendants file supplementary and/or Additional petition incorporation some other points attracting O 7 R 11 with a prayer to hear it out along with the previous application who's hearing is not yet started?
If any clarification or further details required or otherwise, please let me know.
Regards,
Sreejit.
Vijay Raj Mahajan
(Expert) 30 June 2018
As such amendment of pleadings under order 7 rule 17 CPC relates to amendment of the plaint or main petition or written statement , any amendment for application under 0rder 7 rule 11 CPC may not be allowed however a rejoinder to the reply filled by the opposite party to the application made under order 7 and rule 11 CPC may be filled in that the new related facts/points can be incorporated which could not be raised in the application in spite of due diligence. This rejoinder under section 151 CPC should be filled for the court to take in consideration and deciding real question in controversy between the parties.
