• Rejection application

What is the procedure for filing rejection application in a suit order 7 rule 11
Our advocate says that from first a copy has to be served to the plaintiff then to judge 
Is this t true 
Pl let me know the procedure 
Under what rule court fee has to be paid in case of no joint possession? Is it 35(1) of the court fee and valuation act?
Pl let me the exact percentage in Karnataka if the value of the relief saught ?
When we file rejection suit is it possible to simultaneously file an application separately for removing injunction?
Asked 4 years ago in Civil Law

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11 Answers

as soon as receipt of summons, rejection petition be filed without any delay and till disposal of your rejection petition, u can seek injunction besides filing a comprehensive suit for all reliefs

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

1) you have to engage lawyer for filing application for rejection pf plaint under order 7 rule 11

2) you have to state that without admitting the contents of the plaint in the above suit and without prejudice to the rights and contentions of the applicant, the present application under Order VII Rule 11 read with Section 151 CPC is being preferred as the suit of the plaintiff is liable to be rejected on the sole ground that the plaintiff does not have any cause of action against the applicant/and the present plaint is sheer misuse and abuse of power of law.

3) you have to serve copy upon the Plaintiff then filed in court

4) court fees in Karnataka local lawyer can guide you

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

1. The application is to be drafted and filed, as simple as this.

2. Your lawyer is right in saying that a copy is to be given to the plaintiff. 7/11 application is filed against the plaintiff, so you need to serve him a copy.

3. Every state has its own court fee and suit valuation act. We know the court fee act of only our state, not all the states. So for this you need to consult a local lawyer alone.

4. You can simultaneously file the application to vacate injunction.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Sir,

What your advocate said is correct because copies of your application for rejection of plaint has to be served on the other side to facilitate them to file objections and another copy shall be given to Hon’ble Judge. After receiving objections from other side, it will be decided after hearing both the parties. If it is decided against you then you can prefer a revision before the Hon’ble High Court. Such applications shall be entertained rarely however High Court has vast power to pass suitable orders if you made out any valid legal ground to reject the plaint. The format and the provision are as follows:

====================================================================================

11. Rejection of plaint.- The plaint shall be rejected in the following cases:—

(a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so;

(c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite stamp paper within a time to be fixed by the Court, fails to do so;

(d) where the suit appears from the statement in the plaint to be barred by any law;

(e) where it is not filed in duplicate;

(f) where the plaintiff fails comply with the provision of Rule 9.

Provided that the time fixed by the court for the correction of the valuation or supplying of the requisite stamp papers shall not be extended unless the court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp papers, as the case may be within the time fixed by the court and that refusal to extend such time would cause grave injustice to the plaintiff.

=====================================================================================

IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE AT BENGALURU

(CCH10 –XVIII ADDL.CITY CIVIL AND SESSIONS COURT)

O.S. No.2456/2017

BETWEEN:

Sri. Sandeep Bathija ….. Plaintiff

AND

Sri. Mahesh Vasdev and others ….. Defendants

APPLICATION OF DEFENDANT NO.1 UNDER ORDER 7 RULE 11 OF CIVIL PROCEDURE CODE FOR REJECTION OF PLAINT

For the reasons stated in the accompanying affidavit, it is humbly prayed that present suit filed by the plaintiff has no cause of action, as the rent agreement is between this defendant and defendant no.2 only, thus there is no cause of action to plaintiff to file this suit, same may kindly be rejected under O 7 R 11 of C.P.C. in the interest of justice and equity.

Defendant No.1

( Mahesh Vashdev)

==================================================================================

IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE AT BENGALURU

(CCH10 –XVIII ADDL.CITY CIVIL AND SESSIONS COURT)

O.S. No.2456/2017

BETWEEN:

Sri. Sandeep Bathija …..Plaintiff

AND

Sri. Mahesh Vashdev and others …… Defendants

AFFIDAVIT

I, Sri. Mahesh Vashdev (Senior Citizen) S/o late T. Vashdev, Aged about 69 years, Door No.118, 26th Cross, 6th Block, Jayanagar, Bengaluru – 560070 (Mob:[deleted]) do hereby solemnly affirm and state on oath as follows:

1. That I am the defendant No.1 in this case and know the facts of this case.

2. That plaintiff filed this suit for ejectment by issuing notice under section 106 of Transfer of Property Act, 1872.

3. That plaintiff executed General Power of Authority dated 20.03.2014 and further claiming that he executed rent agreement in favour of me on 09.07.2013.

4. That defendant got full rights over the suit schedule property under GPA dated 20.03.2014 and it is still in subsistence. Thus on the basis of said GPA the lease agreement was entered by me with defendant bonafidely on 15.10.2014. The plaintiff without taking any steps to cancel the GPA filed this suit for ejectement against me and my legal tenant.

5. That I have suitable filed written statement even claiming counter claim as I spent lakhs of rupees in developing and restructuring the schedule property. Thus the privity of contract between me and defendant no.2 cannot be questioned by plaintiff in view of subsisting GPA.

6. That no cause of action arise in favour plaintiff to file this suit for ejectment in view of GPA in favour of me and lease agreement entered by me on the basis of GPA with defendant no.2.

7. No legal notice under section 106 of Transfer of Property Act maintainable and this suit has to be rejected in view of non-cancellation of GPA.

8. That the questions raised by plaintiff cannot be decided in this suit as this suit is based upon a invalidate alleged rent agreement said to be in existence between me and plaintiff. Plaintiff cannot treat me as both GPA and tenant. He has gained benefits under plaintiff and now trying enter in to safer zone saying that he has not executed GPA. Plaintiff ought have filed a suit for declaration for cancellation of GPA. This is summary suit and issues like genuinity of GPA cannot be decided in this suit.

9. That the deponent humbly prays to reject the plaint under O 7 R 11 of CPC.

Hence this affidavit.

Deponent

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

7/11 application can be filed without serving the notice on the other party and thereafter the court will issue the notice on the other party.

Court fee can be told to you by the local lawyer, kindly get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Application will file in court along with copy of it, which will served to plaintiff.

Court fees payable acc. to nature of suit. Sec & court fees act.

Are u in Joint possession or ousted from property, depends on it what court fees, payable.

Yes, both application maintainable simultaneously.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

Order 7 rule 11 gives the court a discretionary power to reject a plaint if it doesn't find any cause of action prima facie .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

This is my response to you:

1. The application for rejection can be served to other side beforehand also;

2. But it is better that you submit before the judge first, wherein the department will verify if any objection or no then keep it for hearing;

3. The court fees will be decided accordingly: https://www.legalcrystal.com/act/54536/karnataka-court-fees-and-suits-valuation-act-1958-schedule-i

4. You can also file an application for injunction separately or add as one of the prayers in the rejection application.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. the application has to be first filed in the court department which will give you a stamp or lodging number for that application

2. then you can serve it on the Plaintiff and other parties to the suit

3. mention the matter by moving a precipe before the court to list your rejection application on board

4. the court will give you a date and will also direct to serve the copy of the application on the other party

5. then your lawyer can inform the other party about the court given date for hearing on the rejection application

6. Alternately to the above, on the next date of hearing in your matter, your lawyer can simply submit the un-numbered rejection application to the court and also simultaneously serve the copies to the other side

7. the court will then return the un-numbered application for filing in the relevant department and will also assign next date for hearing on the application. By the next date the other side can give his reply to your application

8. after the reply is submitted by other side, you can seek leave of the court to file a rejoinder to the reply for which court will give you sometime and the matter will be posted to next date for hearing OR you can simply proceed for hearing on the application

9. you can simultaneously file application to vacate stay and request the court to hear both your applications together. The other side will be given time to file reply to both your applications.

10. the application for vacating stay has to be filed within the limitation period. If limitation period has lapsed then a separate condonation of delay application explaining the reason of delay will have to be filed alongwith the application to vacate stay

11. as per CPC, to vacate a stay order, an Appeal from Order is required to be filed in High Court against an interlocutory order made by a sub-ordinate court. This appeal has to be filed within the period of limitation from the date of the stay order

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

In a suit you are a defendant.

If there is an interim injunction order passed agaisnt you, then you may contact your advocate and file a petition under Order XXXIX Rule 4 CPC to vacate the injunction order on the basis of the substantial reasons and grounds with the support of documentary evidences.

Any application filed before court, a copy of the same has to be served on the opposite party.

The court fee differs from one state to another, hence this may be clarified from the local court itself.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

You have to move a notice of motion in the civil court along with supporting affidavit. Take necessary leave . Then get the notice of motion registered. Serve a copy to the other side and when you ahve your next date in court file the original notice of motion in court.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

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