Order 41 rule 11 of cpc

Adv. Deepak (Querist) 27 January 2014 This query is : Resolved
Resp.Experts,

What is the scope of Order 41 Rule 11 of CPC? Can court summarily dismiss appeal under section 28 of Hindu Marriage Act by invoking powers under Order 41 Rule 11 of CPC?

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Devajyoti Barman (Expert) 28 January 2014
The first appeal is statutory right of the litigant and the same can not be dismissed at admission stage.

V R SHROFF (Expert) 28 January 2014
IF INNOCENT BUYER PURCHASE PROPERTY WITHOUT ANY NOTICE OR KNOWLEDGE THAT said property or estate is burdened with right of maintenance, u/s 28 of Hindu Marriage Act, appeal will fail.

Rajendra K Goyal (Expert) 28 January 2014
Academic query.

ajay sethi (Expert) 28 January 2014
academic query

T. Kalaiselvan, Advocate (Expert) 28 January 2014
The sub rule(1) of O41 Rule 11 provides for the same which reads thus:
Power to dismiss appeal without sending notice to lower court.- (1) The Appellate Court, after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that day may dismiss the appeal;