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Pritam Gupta (Teacher)     25 March 2018

Question regarding cpc provisions.

It is well settled that Order 12 rule 6 of CPC is used by a plaintiff for speedy disposal of suit taking into account admissions by the defendant.

But can it be also used by a defendant for rejection/dismissal of the plaintiff's suit taking into account admissions in the plaint?

The reason for this query is that one defendant has already filed an application under Order 7 Rule 11 CPC. Then myself being another defendant, can I file an application under Order 12 Rule 6 and/or another application under same Order 7 Rule 11?

I prefer Order 12 Rule 6 as unlike Order 7 Rule 11 it permits perusal of other documents in Court records besides the plaint such as any agreement.

Please advice.Thanks .


 3 Replies

Advocate Bhartesh goyal (advocate)     25 March 2018

No, suit can not be dismissed under o 12 r 6 of cpc,for rejection/dismissal of suit you have to file application u/ o 7 r 11 of cPc.
1 Like

Kumar Doab (FIN)     25 March 2018

You can benefit from the post of Mr. Bhartesh Goyal..

KISHAN DUTT KALASKAR (Advocate)     26 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.


With regards,

Legal Expert

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