• Inquiry in application to reject suit and vacate injunction

I have filed application to reject plaint (7/11) and application to vacate injunction. Now I want the court to conduct inquiry on both these applications. I want to know the procedure and under what rule(authority) we can ask the court to inquire. Merits and demerits.
How much time it will take? What is an inquiry and is this like a mini trial?
Asked 7 years ago in Civil Law

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9 Answers

Firslty, the Enquiry in civil cases are totally different from one in criminal cases.

Secondly, as you have filed an application for rejection of plaint then judge may ask you some points on merit where if you are successful then the proceedings may be out on hold till the order come on your application.

Thirdly, it is clearly the discretion power of court to entertain your application on merits.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

the defendant is entitled to file the application for rejection before filing his written statement....

Court can reject plaint if it does not disclose cause of action or is insufficebtly stamped

Court after considering averments made in application after hearing both parties would pass reasoned order

Ajay Sethi
Advocate, Mumbai
100088 Answers
8174 Consultations

Move an application for the court commissioner to visit the site for the justice, on your expenditure.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1. There is no inquiry on these applications. You are mixing terms of criminal and civil law. The principles of criminal law cannot be woven into civil suit.

2. You have filed the applications. Now the court will call a reply to these applications from the plaintiff and then proceed to decide these applications after hearing arguments from both sides.

3. It may take anywhere from a month to 6 months.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Hi,

The court will depend on the your submission and submission of your opposite party. If required some commission may be appointed by court and its report may be sought.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

There is no enquiry as such on these applications you have filed the application the plaintiff shall file the reply the application on merits can be argued at this stage if court accept your 7/11 the case shall be dismissed otherwise it sha reject the 7/11 and suit shall move forward.

Further more.in civil.cases for enquiry a court commissioner can be appointed for case so you can move an application.for enquiry ans report on property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. there is no such inquiry under the CPC

2. the respondent in both your applications has to file his reply with supporting documents and then matter will be posted for hearing on your applications, provided you are granted liberty to file a rejoinder or the respondent is permitted to file his sur-rejoinder to your rejoinder

3. for the 7/11 application, if suppose the plaint is said to be barred by law, for instance under limitation law, then applicant can adduce evidence and be cross-examined on that by the respondent. Similarly respondent can file his affidavit of evidence to prove that plaint is not barred by limitation and applicant will get a chance to cross examine the respondent to impeach his crediblity

4. the court will after appreciating the evidence of the parties, the materials available on record and documents, decide whether the application should be allowed or not

5. so as such there cannot be any inquiry under both such applications and the same is also not contemplated in the CPC

Yusuf Rampurawala
Advocate, Mumbai
7935 Answers
79 Consultations

Court would not do any sort of inquiry ans inquiry ans investigation is work of police. This is a civil case court will only see aa to whether allow or disallow the 7:11 application, on the fact and circumstances provided by both sides. If this is a property issue you may ask to appoint. Local commussioner

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

Since you have filed the applications, you have to wait for the opponent to file their counters to both the applications.

After they file their counter, the matter will be taken up for inquiry by the court by hearing both the sides.

This is a routine procedure, you need not insist court on it.

T Kalaiselvan
Advocate, Vellore
90291 Answers
2513 Consultations

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