ANISH JAIN (LAW OFFICER CHAMBER NO. 241 YADAWINDRA LAWYERS COMPLEX DISTRICT COURTS PATIALA-PUNJAB-147001 PHONE NO. 09815803903 0175- 2220053) 07 November 2009
Whether Court can reject the plaint on the basis of mis-statement in the plaint or concealed statement of res-judicata?
and whether the defendant can move the application for rejection of plaint u/s 7 rule 11 read with section 11 CPC for dismissal of case at initial stage only instead of proving resjudicata at evidence stage?
R.R. KRISHNAA (Legal Manager) 07 November 2009
Suppression of material fact is fatal to case. You can move an application under order 7 rule 11 for rejection of plaint initially. To answer whether application under section 11 for invoking res judicata the detailed facts about the previous case its decision and the details of present case are necessary.
jayaveladvocate (Lawyer) 07 November 2009
No judicial officer would comeforward to reject the plaint they woul take up the matter expeditiosly and dispose it off as full trail matters thus filling necessary disposal norms of the High court
k.kumar raja (advocate) 07 November 2009
mr.krishna is correct.
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