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Anil Lalcheta   12 July 2017

Ex-partee order order 7 rule 11

We have received order from the court Ex-partee (summons were served to defendant) after non presence of defendant for 10 years, after which we submitted darkhast, defendant submits objections, which court didn't consider and rejected the same, after which defendant filed another suit in trial court stating that the above mentioned decree received by us was due to fraudulently committed by us and prayed to suspend order of trial court........ The later case was filed with in a time period of more than 65 days after receiving certified copies from court .......... Can the plaint be rejected on ground of CPC order 7 rule 11 with limitation act 123 part 1


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 5 Replies


(Guest)

why did you wait for 10yrs when the defendant was not responding?

what ar the reaonns they had mentinoed on which a fraud has been committed?

did the defendant went back to TRIAL after your request for exparte?

 

Rajendra K Goyal (Advocate)     13 July 2017

Please state clear material facts.

P. Venu (Advocate)     13 July 2017

Yes, the facts, as stated, lacks clarity.

Bespoke Legal (Advocate)     13 July 2017

No clarity

T. Kalaiselvan, Advocate (Advocate)     17 July 2017

Rejection of plaint is different to that of the restoration of suit which was dismissed or decided exparte,

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