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Krishnan   08 December 2018

rejection of plaint / dismissal of a suit

my query is two fold. I am the plaintiff and know very little about legal procedures.

1. my plaint was instituted in April 2017. the defendant submitted WS with an application under O7R11. however, in the prayer para he prayed for dismissal of suit for want of jurisdiction. can this application be allowed?

2. the defendant requested for mediation in Feb 2018, which the court has granted as a mandatory step. the mediation failed. now the 7/11 application is for argument. can I tell the judge that how can the defendant can request for mediation / and how the court has referred for mediation over the matter in which the court has no jurisdiction?

I am representing self without a counsel and I am an engineer by profession.
Thanks & Regards.


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 3 Replies

Vijay Raj Mahajan (Advocate)     08 December 2018

Application under order 7 rule 11 CPC should be decided first before proceeding with WS or any other issue by the court. Mediation process can take place anytime by court whether having jurisdiction of hearing the main petition or not.

Krishnan   08 December 2018

thank you sir. one more clarification. can the 7/11 application be kept for 20 months (till now). Regards

Vijay Raj Mahajan (Advocate)     08 December 2018

It should have been decided long back but anyhow even now it has to be decided now before proceeding any further in the case.

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