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Love kumar (Senior associates)     03 April 2014

Order 6 rule17 and order7rule 11

Kindly resolve the query if the application order 7 rule 11 was filed before application order 6 rule 17 , which is decide first 


 2 Replies

Daksh (Student)     03 April 2014

Dear Love Kumar,

There cannot be a definative answer to your querry for the simple reason that we do not know the facts of the case.  The preposition of law which can form in the instant case at hand could be that the judge can decide whether the filing of Order 6 Rule 17 application is a devise to defeat the objective of Order 7 Rule 11 application.  Otherwise the judge can look the contents of Order 7 Rule 11 application together with the amended plaint to see whether the Order 7 rule 11 application is maintainable simplicitor or the case warrants filing of written statement by the defendant.  I hope this clarifies.

Thanks and best regards



Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 April 2014

agree with expert, nothing left to add

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