Order 7 rule 11 of cpc
ASHOK MAHESHWARI
(Querist) 03 August 2015
This query is : Resolved
Application was submitted one year back for rejection of suit as per Order 7 rule 11 of CPC and supplementary affidavit is submitted 5 months back. Now it is the stage of framing issue. H'ble court is not giving any decision of Order 7 rule 11 application. Is it mandatory that first trial court has to give the decision of this application before framing issue; and if the decision is not correct than it can be challenged in session court?
Rudrawar Narayanreddy
(Expert) 03 August 2015
The court should decide the I.A. filed under order 7 rule 11. If not file a memo reminding the court that such an IA is pending. If the order is wrong you can challenge the same. appeal lies to court which has got jurisdiction in case of decree of the case.
M/s. Y-not legal services
(Expert) 04 August 2015
Since the rejection of plaint would be decided as preliminary issue, it's will be decided before framing issues..
Rajendra K Goyal
(Expert) 04 August 2015
Prey the court to decide the application first.
ASHOK MAHESHWARI
(Querist) 04 August 2015
Thanks to yo all for proper suggestion. The case is regarding a rented premise and I am owner. Suit is filed by opponent party for permanent injunction and interim order was in favour of opponent party. I challenged interim order of trial court in session court by appeal against order and appeal was partly allowed with clear wording that 'plaintiff has to pay the rent amount between 1st to 10th of every calendar month and if he fails to pay rent, order passed by trial court would be vacated. My question is that opponent party is not paying the rent since last 7 months and we applied twice in the trial court for vacating interim order, but no action is found, Can I approach the session court for implementation of the order of session court?
ASHOK MAHESHWARI
(Querist) 05 August 2015
Thanks to yo all for proper suggestion. The case is regarding a rented premise and I am owner. Suit is filed by opponent party for permanent injunction and interim order was in favour of opponent party. I challenged interim order of trial court in session court by appeal against order and appeal was partly allowed with clear wording that 'plaintiff has to pay the rent amount between 1st to 10th of every calendar month and if he fails to pay rent, order passed by trial court would be vacated. My question is that opponent party is not paying the rent since last 7 months and we applied twice in the trial court for vacating interim order, but no action is found, Can I approach the session court for implementation of the order of session court?
seshadri dubey
(Expert) 06 August 2015
At first let me tell you that the court hearing your appeal petition is not a Sessions Court.....a district court when tries criminal matters is called the sessions court.
Now about your query .....
First ask the court to pass order of the petition under 7 rule 11 ...without passing an order in this connection court cant proceed further give ruling in support of your point.
Secondly if the interim order is in favour of the plaintiff i.e.or 39 r-1 &2 then on non payment of the rent the interim order will be vacated not the whole case.
and in order to get the whole case dropped you will have to file a separate petition altogether.
