Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

O7r11 application

(Querist) 06 July 2026 This query is : Resolved 
A pvt ltd company have 2 director.
One director on behalf of company filed a injuction suit in civil court against me.
After much up and down in one other case between these 2 director of company one director other than who file injuction, given statement in high court that he had given resignation long back before this injuction suit and this director had no Locus standi to sue on behalf of pvt ltd company and this director who resign never stand in this injuction suit before the court.
When I came to know this I file o7r11 that this director had no locus standi to file any case in absence of resolution of board of director as Corum is not complete because of one director resignation and because of this no meeting can held and no resolution can be passed.
Am I right at this point.
Any case law.
Thanks in advance.
Quick Summary
A private limited company director filed an injunction suit against someone. However, another director stated in high court that the plaintiff director had resigned prior to the suit, questioning their locus standi. The applicant filed an Order 7 Rule 11 application, arguing the suit was invalid due to lack of quorum and board resolution. While O7R11 is for fundamental flaws, the court ultimately rejected this specific application, suggesting the quorum issue might be a matter of evidence rather than an immediate ground for dismissal under O7R11.

T. Kalaiselvan, Advocate (Expert) 07 July 2026
A petition under Order 7 Rule 11 of the Code of Civil Procedure (CPC) can absolutely be filed if there is no proper cause of action. In fact, that is the very first and most common ground for this application.
An Order 7 Rule 11 petition is essentially a request to the court to reject a lawsuit (the plaint) at the very threshold, without going through a full trial, because the lawsuit is fundamentally flawed.
The lawsuit fails to show a clear legal right that has been violated, or fails to show why the defendant is liable. The court looks only at the text of the plaint itself—if the facts as written by the plaintiff do not add up to a legal claim, it is rejected.
Even if the statement in the lawsuit clearly shows that the case is legally blocked by some statute, this petition may come to your rescue.
Advocate Bhartesh goyal (Expert) 08 July 2026
At the time of deciding application u / o 7 r 11 cpc ,court considers only avements made in plaint and documents submitted with plaint, defendants objections and reply is not considered, if court comes to the conclusion from plaint and plaintiff's documents that suit isnot maintainable and liable to be rejected then and only then suit may be rejected moreover ground that Corum of Board of Directors was not complete is matter of evidence .
Dr. J C Vashista (Expert) 10 July 2026
An application under Order VII Rule 11 CPC has limited scope to reject the suit filed by the plaintiff wherein either there is no cause of action against defendant or the court do not enjoy jurisdiction, however other grounds can be rectified by plaintiff.
What are the grounds taken by the defendant and what has been stated in the plaint has to be considered by the court.
P. Venu (Expert) 14 July 2026
What is the cause of action and the reliefs sought against you?
Jasvinder (Querist) 14 July 2026
Thanks Everyone for all you devoted time. The court had rejected o7r11.
P. Venu (Expert) 15 July 2026
What is the Case No.? Which Court?


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


Click here to login now



Similar Resolved Queries :