Learned Advocates,Â
In a civil suit the plaintiff has lost the case at trial court..... Now he has made an appeal in district court but it is after the expiry of 30 days i.e. After 34 days......... Now the appeal got surprisingly admitted without any delay condonation application
Thereafter i have moved an application in district court under order 7 rule 11 (d) that the appeal is time barred an needs to be rejectedÂ
Now my question isÂ
1) what is the time limit for defendant to file a reply for the same as it is almost 60 days now from the date of order7 rule 11 applicationÂ
2) i also have not file my written statement against the appeal and only filed the application for order 7 rule 11 and now it is 90 days from the summons date...... Can i file my reply after 90 days as my application of order 7 rule 11 is still pending??Â
3) was my stand correct in moving application of order 7 rule 11 d......Â
If the appeal is rejected than can a fresh appeal be filed in same court with an application for condonation of delay??
Order VII, Rule 11 is not applicable to Appeals but Plaints.
An Appeal can never be rejected. It should be either admitted or dismissed.
If ther're any discrepancies in the Memorandum of Appeal, explanations can be asked for keeping the Appeal in the Court without, contrary to the most common practice, returning it.
So also a Plaint can never be returned.
You shouldn't defer filing Written Statement.
An Appellate Court has the discretion of condoning delay suo motu..
