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Sachin (Self Employed)     12 December 2013

Rejection of plaint & dismissal of suite

Respected All,

 

I am defendant in a civil case and filed my written statement along with affidavit, the 1st preliminary objection of my WS  is “ The present plaint is liable to be rejected under order VII Rule 11 of CPC” and thereafter in all the paras of my preliminary objections of my WS it is mentioned that “Suite is liable to be Rejected” instead of “Suite is liable to be Dismissed” when this came to my knowledge I ask my Counsel regarding this he says that his junior has made this mistake, however he told me that nothing to worry as in prayer para of my WS prayer for rejection of suite and prayer of dismissal of suite both are their in sub para 1 & sub para 2 of the prayer para.

 

After searching various legal website I came to know that plaint and suite is not the same thing and Plaint can only be rejected under Order 7 Rule 11 with too by moving the application before the Hon’ble Court and suite is liable to be dismissed after Trial.

 

My defense is so strong with documentary evidences that I will definitely win the case but for the above mentioned I am in worry and as you all are legal experts, I here by prayed before you all to please guide me what can I do for next. At present issues has been framed and the case is adjourned for plaintiff evidence.

 

With Regards



Learning

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