Shruti 27 April 2024

Can o7r11 and written statement be filed together?

Hello,

There is a fresh suit and the plaintiff is waiting for a written statement from me, respondent, for which 90days limit will expire in May. I want to know if I can file response statement and O7R11 application to get the plaint rejected on the same day? If I only file O7R11 application and the judge gives decision after six months dismissing my application then can I file written response statement at that time or will I lose that right because 90days time limit has expired? Please suggest.

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Quick Summary

This discussion clarifies whether a respondent can file an Order 7 Rule 11 application (to reject the plaint) and a written statement at the same time. The consensus is that these can indeed be filed together, as an Order 7 Rule 11 application can be submitted at any stage before the trial concludes, even after a written statement is filed. This offers flexibility for respondents facing strict deadlines for their written statements.

3 Replies

Advocate Bhartesh goyal (advocate) 27 April 2024

Written statement and application u/order 7 rule 11 cpc can be filed simultaneously no restrictions. Application under order 7 rule 11 cpc can be filed at any stage of suit but before conclusion of trial .

Shruti 27 April 2024

What about counter claim? Like 7-11 application, can it be filed anytime during the trial or does it have 90days limit like the written statement?

T. Kalaiselvan, Advocate (Advocate) 27 April 2024

Written statement should be filed within 90 days.

The proposed petition under order vii rule 11 can be filed even after filing the written statement or simultaneously or anytime before the trial begins.