• Difference between orders

Sir,
in my previous question i was suggested to file order7 rule 11 if my case had limitation completed and relinquishdeed ,but our advocate had previously filed order 8 rule 1 previously,may i know the difference between these two orders .But no decesion was made by judge on above order 8 rule 1.
since i have relinquish deed can i refile the statement on order 7 rule 11? 
if i need help for my preparing order 7 rule 11,how much are the charges for just preperation.i shall mail all my documents needed.
pls let me know above doubts.
thanking you
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

Order 7 rule 11 of the code of civil procedure is for rejection of plaint while order 8 Rule 1 is it's that a written statement needs to be filed within 30 days of receiving the summons to show defence.

The charges drafting of order 7 rule 11 application can be discussed on call as quoting prices is not allowed as per the rules of this site and as per no solicitation rules of the advocates act

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Fees cannot be discussed here as well as email address also cannot be provided due to the aforementioned reasons

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Order 8 rule 1 is for the limitation of filing of Written statement if the defendant fails to submit that on time his right for same can be closed, So for condonation of delay in filing same an application under it is preferred.

Order 7 rule 11 is for the rejection of the plaint, when the defendant contest that the plaint there is no cause of action disclosed then directly for rejection for plaint the application under order 7 rule 11 can be filed at any stage.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Rejection of Plaint – O.7 R.11 and disclosure of complete cause of action as contemplated under O.7 R.1(e)

ORDER 7 RULE 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 to comply with the provisions of rule 9:

Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper 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 for correcting the valuation or supplying the requisite stamp-paper, 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.

Sir you can contact for drafting order7 rule 11 application through phone consultation fee can be quoted according to the matter.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello

Order 7 rule 11 is filed for the rejection of plaint. And the order 8 1 is filed for delay in filing ws.i must add that we are not allowed to solicit clients in our reply. You can book a consultation if required.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Dear Cleint,

O7 R11 is for Rejection of Plaint

And O8 R1 prescribes the limitation period for filing of a written statement by a defendant in a suit.

Under Order VII Rule 11, the court has to take a decision looking at the pleadings of the plaintiff only and not on the rebuttal made by the defendant or any other materials produced by the defendant,

Can contact.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

you can on website find details of fees charged by lawyers for drafting legal documents

payment has to be made on the website

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. A 7/11 application is for rejection of plaint on grounds of suit being barred by law, plaintiff not having any cause of action, court fees not paid, summons not served, etc

2. 8/1 application is for filing of written statement by defendant within the stipulated period of 30 days and if he fails to file his W/s within this period then the period can be extended max upto 90 days upon payment of costs and reasons to be recorded by judge for granting extension of time to file W/s beyond prescribed period

3. if you wish to file a 7/11 application then you need cogent material for the following:

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 returned 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 :

4. if you have any such material which satisfies any of the above cases then you can file a 7/11 application seeking rejection of plaint

5. my professional fee for drafting the application, reading papers, settling the draft and legal research if any, will be Rs. 5000/-

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

WRITTEN STATEMENT(order 8 rule 1 of Cpc.)

Written statement.

The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence.

Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.]

2) Order 7, Rule 11 - Rejection of plaint -

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

sorry in this forum we cannot share email id.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Fee will be 10k for drafting an application under order 7 rule 11.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You may get in touch if you want the same to be drafted.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi

1) Order 8 Rule 1 is for Limitation where as Order 7 Rule 11 is for Rejection of Plaint.

2) You should also be aware that for the courts to decide under Order 7 Rule 11, only the averments in the plaint have to be read by the court. The courts whilst deciding under Order 7 Rule 11 shall NOT look in to the defense(i.e your written statement).

Supreme court in Popat and Kotecha Property vs. State Bank of India Staff Association (2005) 7 SCC 510 where it was held as under

"10. Clause (d) of Order 7 Rule 7 speaks of suit, as appears from the statement in the plaint to be barred by any law. Disputed questions cannot be decided at the time of considering an application filed under Order 7 Rule 11 CPC. Clause (d) of Rule 11 of Order 7 applies in those cases only where the statement made by the plaintiff in the plaint, without any doubt or dispute shows that the suit is barred by any law in force."

3) It appears that you are relying on a relinquishment deed and claiming limitation based on date of execution of relinquishment deed. Hence in your case, in all probability, Limitation might be claimed as a defense in your Written statement.

4) If you want to put pressure on the opposition, you can consider filing

a) an Interlocutory for deciding preliminary issues on questions of law under Order 14 Rule 2 and

b) also file Order 7 Rule 11 challenging the maintainability of the suit citing that the plaintiff has hidden facts and has not come with clean hands to the court.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Rule 1 of Order VIII of the Code, which prescribes the limitation period for filing of a written statement by a defendant in a suit,

WRITTEN STATEMENT(order 8 rule 1 of Cpc.) Written statement. The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence. which may be extended upto 90 days.

Order 7 Rule 11 CPC Rejection of Plaint. the Court and that refusal to extend such time would cause grave injustice to the plaintiff. question of rejection it is the responsibility the court to take consideration other materials too, order 7 Rule 11 of CPC narrate cases where plaint should be rejected.

"When the bundle of facts averred in plaint discloses vital and valid cause of action for the relief sought for, the plaint cannot be rejected under Order 7, Rule 11, C. P. C., 1908." II. "A disputed question of fact cannot be taken as a point for rejection of plaint at the threshold.

You say that you have relinquishment deed in your hand, but that cannot be taken as question of fact being disputed by the plaintiff, hence your petition seeking rejection of plaint on that grounds may not be held maintainable.

For preparing the petition under Order VII rule 11, if you do not want to utilise your own lawyer then you may approach any other lawyer of this forum at his/her terms.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

please give me intrested advocates mail id along with fees for drafting of the required -order 7 rule 11.

i shall mail all details for drafting.I shall transfer your fees online if needed.

No lawyer will give their details for this purpose, it may be termed as soliciting which is prohibited under the provisions of Advocates act. Any lawyer doing so will be liable for the consequences, hence it would be better that you approach the lawyer of your choice either from this portal or from local and engage their services.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

Order 7 Rule 1 is an application to reject the suit filed by plaintiff.

Order 8 Rule 1 is filing written statement by defendant which are as follows:

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Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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