Facts 1. I had rented out my premises through Registered Lease Deed 2. The Security Deposit was adjusted by me towards the damages caused to the premises & I also instituted a case against the tenant in the Rent Control Tribunal for recovery of the excess amount incurred by me in repairing the premises 3.Meanwhile the tenant filed another case against me in the Civil Court for recovery of the Security Deposit 4. I have filed an application under Order 7 Rule 11 of the CPC pointing out to the Civil Court that only the Rent Tribunal has the jurisdiction to hear and decide the case & hence the case should be quashed 5. Meanwhile due to a condolence in the court, my objections could not be heard and the case is adjourned to 17th Dec 2012 6. I have not filed the written reply to the main plaint because I am sure that the case is not sustainable in the Civil Court and any exercise of filing a written reply would be a wastage of time 7. As per the new amendment in CPC the written reply has to be filed in 90 days which are expiring on 18th Dec 2012 in my case Query (i) Can I make an application before the court requesting the court to first dispose off the Order 7 Rule 11 Application or it is mandatory that I have to file a written reply in 90 days irrespective of the outcome of the Order 7 Rule 11 Application? (ii) If I make such an application is the court bound to consider it? (iii) Is there any legal way out if I do not wish to file a written reply and yet retain my right to file a reply later on if the Order 7 Rule 11 Application is not decided in my favour? (iv) Does the stipulation of 90 days period run even if the Order 7 Rule 11 Application which was filed, is not argued or decided for no fault of the defendant or the defendant has a right to get a time waiver in this respect? Ashok Kumar ashokkumar@calibreplacements.com
