ashok kumar (Social Worker) 23 April 2013

Filing of fresh application under order 7 rule 11

Filing of Fresh Application under Order 7 Rule 11

In a recovery suit, an application under Order 7 Rule 11, filed by the defendant, challenging the maintainability of the suit was rejected by the Civil Court.

Meanwhile the defendant came to know that the said plaintiff which was a partnership firm was not a registered partnership firm.

Can a Fresh Application under ORDER 7 Rule 11(d) be filed before the court in view of the Bar on unregistered Partnership Firm under Section 69 of the Partnership Act in so far as their right to sue third parties is concerned?

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Advocate Bhartesh goyal (advocate) 23 April 2013

You have not mention that application of defendant u/o 7 r 11 of cpc challenging maintainebility of suit was filed on what ground?whethe it was filed on ground of non discloser of cause of action or whether on ground of barred by law or suit filed beyond the period of limitation?unless said facts are not known.,answer of query is not possible.