Gourav Modi (NA) 22 August 2012

Filing of written statement

A case was filed in the lower court for specific performance of contract. However the contract was a forged document made out on a plain paper. The defendant wanted the case to be dismissed as it was a rogue case. However the court ordered that at least the written statement has to be filed by the defendant and nothing can be decided before framing of issues.

The defendant then filed a petition in the Hight Court for setting aside the whole proceedings in the lower court. The case is still pending for hearing on a later date.

Is there any precedent for this case? Is there any judgement of the Supreme Court on this issue which can help in the proceeding in the High Court?

Thanks in advance...

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4 Replies

Vinoba (Advocate) 22 August 2012

Sir/Mme,

A suit can be disposed of even before the filing of Written statement provided your defence falls under Order 7 Rule 11 of Civil Procedure code.

Vinoba.L

Advocate,

Pondicherry.

surjit singh (Assistant) 22 August 2012

your suit has passed the scrutiny of O7 R11 so now the process under O8 R1 & R1A has to be followed. The High Court will not entertain the petition at this stage only when the infirmity mentioned im O7 R11 is reflected in the petition.

Gourav Modi (NA) 22 August 2012

Thanks Mr. Vinoba for your reply. Can you clarify whether our plea under Order 7 Rule 11 will stand in this case. The plea under Order 7 Rule 11 is that there is no 'cause of action' as the suit filed in the lower court is on the basis of an agreement which does not exist. The plaintiffs in the lower court have attached an alleged agreement which is made out on a plain paper and is completely unilateral in nature. Needless to say it is a fabricated illegal document. It is a typical example of vexatious litigation.

You are requested to provide some reference of a Supreme Court Judgement. Thanks in advance..