my query is two fold. I am the plaintiff and know very little about legal procedures.
1. my plaint was instituted in April 2017. the defendant submitted WS with an application under O7R11. however, in the prayer para he prayed for dismissal of suit for want of jurisdiction. can this application be allowed?
2. the defendant requested for mediation in Feb 2018, which the court has granted as a mandatory step. the mediation failed. now the 7/11 application is for argument. can I tell the judge that how can the defendant can request for mediation / and how the court has referred for mediation over the matter in which the court has no jurisdiction?
I am representing self without a counsel and I am an engineer by profession. Thanks & Regards.
Application under order 7 rule 11 CPC should be decided first before proceeding with WS or any other issue by the court. Mediation process can take place anytime by court whether having jurisdiction of hearing the main petition or not.