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Gautam Joshi (ABC)     07 December 2021

Which application will be heard first order 7 rule 11 or interim application

Dear Scholars,

 

I am the respondent. A civil suit is filed by the plaintiff with interim reliefs. I have submitted written statement and have also submitted an application under order 7 rule 11 claiming that the suit is bared by the limitation.

 

My doubt is that which application will be considered by the court first. Order 7 Rule 11 application filled by me or the Interim application filled by the plaintiff.

 

Any guidelines / judgement in this regards if provided than it will be very helpful to me.

 

Thank you in advance.



 2 Replies

Advocate Bhartesh goyal (advocate)     07 December 2021

Court will hear and decide first application u/ order 7 rule 11 CPC, if court comes to the conclusion that suit is barred by limitation and reject the same  then no further proceedings in suit is required and if application u/order 7 rule 11 cpc is rejected then court will step for further proceedings.

Shubham Bhardwaj (Practice)     07 December 2021

Dear Mr Joshi, 

There is no hard and fast rule. Everything would depend on the facts.

In the facts provided by you, it has been mentioned that suit was filed along with application for interim. The interim application is most certainly under Order 39 CPC. Now it is important to note that interim order can be passed either ex-parte i.e. at the time when notice was issues in suit to defendant OR after hearing defendant when he comes before the court for the first time. In case case, since you have already file WS and Application under O 7 R 11 for rejection of plaint, therefore it is clear that interim was not granted at the time of notice. Thus, it suggests that the court was not inclined to give interim ex-parte. Thus, at this stage now, the court ought to decide the o 7 R 11 application first. meaning thereby, if the Application under O 7 R 11 is accepted, there is no point of interim as there is no suit . If the Application under O 7 R 11 is dismissed, only then the question of interim would arise. 

Thus now coming to solution. Your counsel must press the court to decide the O 7 R 11 application prior to any interim. The judges are very intelligent people, and will understant that there is no point of interim if O 7 R 11 application succeeds. I hope you get my point. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

 

 


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