Order VII Rule 11
Vineet
(Querist) 12 March 2010
This query is : Resolved
Order VII Rule 11 application is pending in High Court as a same suit of partion is pending in Trial Court.
The palntiff in trial court is Respondent no. 2 in High court and he has withdrawn the Suit in trial court after we have file 7/11 application in High court.
Is our 7/11 application still maintainable ?
Kindly Help
Raj Kumar Makkad
(Expert) 12 March 2010
If the suit was decided on merits or has been withdrawn without obtaining permission to file fresh suit on the same cause of action then filing of new case is fatal and in that case application under order 7 Rule 11 CPC is duly maintainable even if the suit was withdrawn during the pendancy of HC petition.
Vineet
(Querist) 12 March 2010
The suit in the trial court was ordered as sie-a-die in year 2005 due to the Letter of administration and probate proceedings were pending in the probate court since 1999. These proceedings were decided against both the parties (dismissed and the parties should bear there own costs). Then in Dec.2008 the respondent no.1 in suit of partition in trial court filed a new suit for partition in High Court for the same cause of action between the same parties, in this suit our Council did not file 7 Rule 11 CPC and filed the written statement due to which some adverse orders were passed, now the new council (we) filed 7 Rule 11 CPC on Aug 23 2009 and on the same day they withdrew the suit in the trial court, no notice was issued to the respondents and suit was dismissed as withdrawn,
now the question is is our 7/11 still maintainable ? if yes then please sight us the way.
Best Regards
Vineet
