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Anil Kr Garg (Business)     10 April 2019

Order 7 rule 11 against first appeal in high court

Trial Court has rejected one suit filed by an unregistered partnership firm, for specific performance of an alleged oral contract for construction of building, for not finding any evidence of contract, payment of money under contract. Also stated that suit was barred u/s 69 of Partnership Act (for plaintiff being unregistered firm), and Sec 14(3)(C) of Specific Relief Act for not satisfying all three mandatory conditions (acquiring interest in contract, taking possession of land, AND specifications of bldg to be very precise in the Contrat).

Party has filed first appeal in HC. Appeal is admitted as matter of right, now will take 10 years to come up for hearing (MP High Court). Our arguments against maintainability of legal bars were not heard.

Now, kindly advise if any application under 7/11 can be filed in HC for dismissal of this appeal?


If not, what is the probability of SC dismissing this appeal if we file SLP, challenging that appeal is not maintainable under both legal provisions as above.

Kindly advise.


Thank you very much


 1 Replies

rajeev sharma (Advocate Ex senior manager law )     10 April 2019

in appeal you may not take any nwe plea which was not taken before trial court. you may not be advised to file SLP without going through all the record of the suit.Primarily the trail court dismissed suit on correct grounds.


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