Rejection of plaint & dismissal of suite

Sachin (Querist) 12 December 2013 This query is : Resolved
Respected All,

I am defendant in a civil case and filed my written statement along with affidavit, the 1st preliminary objection of my WS is “ The present plaint is liable to be rejected under order VII Rule 11 of CPC” and thereafter in all the paras of my preliminary objections of my WS it is mentioned that “Suite is liable to be Rejected” instead of “Suite is liable to be Dismissed” when this came to my knowledge I ask my Counsel regarding this he says that his junior has made this mistake, however he told me that nothing to worry as in prayer para of my WS prayer for rejection of suite and prayer of dismissal of suite both are their in sub para 1 & sub para 2 of the prayer para.

After searching various legal website I came to know that plaint and suit is not the same thing and Plaint can only be rejected under Order 7 Rule 11 with too by moving the application before the Hon’ble Court and suit is liable to be dismissed after Trial.

My defense is so strong with documentary evidences that I will definitely win the case but for the above mentioned I am in worry and as you all are legal experts, I here by prayed before you all to please guide me what can I do for next. At present issues has been framed and the case is adjourned for plaintiff evidence.

With Regards

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ajay sethi (Expert) 12 December 2013
contest suit on merits . since issues have already been framed and case placed for evidence

BAALASUBRAMANNYAMM (Expert) 12 December 2013
You being a defendant have taken such a plea of rejection of the plaint or dismissal of a suit, which can only be decided after adducing the evidence of both parties, but not at this stage, as the suit is adjourned for plaintiff's evidence.

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 December 2013
The defendant have independent right to move application under O 7 r 11.

So even now you should move an independent application under this provision and request the the court to pass order first for this application.

If you can make out your case that the plaint is barred by any law than even an application for lack of jurisdiction can be moved.

If in Maharashtra there is specific provision in CPC for contesting on jurisdiction issue at initial stage.

There is a famous PRIVY COUNCIL ruling in this matter which is good law even today and for which take guidance from your advocate.

Rajendra K Goyal (Expert) 12 December 2013
Contest the suit on merits.

Raj Kumar Makkad (Expert) 12 December 2013
Why only in Maharashtra, the issues of preliminary objections can be got decided by way of specific application under order 7 rule 11 of CPC. The trial of the case shall start only when the application stands decided so better to move that application.

Raj Kumar Makkad (Expert) 12 December 2013
Prayer clause of the plaint is sufficient to get the suit dismissed.

Bhaskaran Advocate (Expert) 16 March 2018
The prayer is important and since it is for dismissal there is no any wrong.

Still you do have option to amend the plaint also.