which application is to be filed???

Querist : Anonymous (Querist) 20 October 2010 This query is : Resolved
parition suit is filed by plaintiff (only 1 plaintiff as a party is in the suit) against defendant.. i'm appearing on behalf of the defendant..... i want to show that the plaintiff has no right to file/locus standi to file the said suit in the court of law.. i have all the material facts with me... under which provision of civil procedure code am i suppose to file application that suit is not maintainable as plaintiff has no locus standi/legal right to file suit.... ????

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Raj Kumar Makkad (Expert) 20 October 2010
You have to file written statement and the objection of locus-standi has to be raised in its Preliminary Objections as per provisions of Order VIII Rule 1 of CPC.

s.subramanian (Expert) 20 October 2010
I agree.

Praveen Kumar Tewari (Expert) 20 October 2010
u can raise preliminary objections in ur W/S on locus standi under Order VIII Rule 1 of CPC.

Devajyoti Barman (Expert) 21 October 2010
Yes but that apart you could also try by order 7 rule 11 cpc.

Kirti Kar Tripathi (Expert) 21 October 2010
I agree with Devajyoti, since the plaintiff has no locus standi, no cause of accrued against him. you can move an application under order 7 rule 11 c.p.c