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MRRpersonality (Knows very little about Indian laws)     23 July 2012

Lack of jurisdiction and wrong cause of action

Hello LCI experts!

 

I need to file an application to dismiss a petition for lack of jurisdiction and wrong cause of action in the family court regarding Guardianship and Wards Act 1890.  Is it Civil Procedure Code Order VII section 11 (a) and 11 (d) ?

11(a) seems to talk about failure to disclose the cause of action and 11(d) talks about the petition being barred by law.  

 

Or is under Order VII section 1 ?

 

Kindly advise me.



Learning

 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 July 2012

FOR MAHARASHTRA :- The objection as to lack of jurisdiction to try the petition is to be taken by filing an application U/S. 9-A of the CPC (As per the state amendment).

In case if any interim relief is claimed in the petition and an application u/s. 9A is filed then, the court has to decide the application first as a priliminary issue before granting the interim relief.

 

In case if the plaint does not disclose any cause of action then- O-7, R-11(a) provides for rejection of plaint.

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