LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Format of a petition to challenge maintainability of a suit

Querist : Anonymous (Querist) 01 November 2010 This query is : Resolved 
Would our experts furnish a sample petition to challenge the maintainability of a suit on the ground of limitation.
Devajyoti Barman (Expert) 02 November 2010
Such petition does not require any typical format. You have to just mention in details the grounds in law and fact for non-maintainability of the suit under order 7 rule 11 of cpc.
The prayer should be 'for rejection of plaint'.
adv. rajeev ( rajoo ) (Expert) 02 November 2010
You take the contention in your written statement i.e., sufficient.
R.Ramachandran (Expert) 02 November 2010
The maintainability of any suit can be challenged either (i) by filing an application under Order 7 Rule 11 - in case the averments in the plaint itself reveal that the suit is barred by law; or (ii) by filing the written statement and taking preliminary objecions as to why the suit should be dismissed.
Advocate. Arunagiri (Expert) 02 November 2010
Petition for Reject the plaint is the right choice. Trial court can pass orders on this petition only. Appeal is also possible against this order if necessary.
But, trial court will not pass orders on written statement, even though you have grounds for rejecting the plaint.
s.subramanian (Expert) 02 November 2010
I agree with Mr.Arunagiri.
DEFENSE ADVOCATE.-firmaction@g (Expert) 02 November 2010
Well there is defference of opinion for cpc 7x11 provision , this is stage prior to issue of summons by the court. And is for the court to see it.

But plea of limitation can be raised at any time in any proceding and no format needed.
Querist : Anonymous (Querist) 02 November 2010
Thanks to you all for your quick guidance.
pawan sharma (Expert) 02 November 2010
need only to filt the application u/O 7 R 11 of CPC in a normal way, consult with local Advocate.
Kirti Kar Tripathi (Expert) 03 November 2010
the application under Order 7 rule 11 can also be made at any time.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :





Post a Suggestion for LCI Team
Post a Legal Query