If claim of plaintiff is barred by limitation your application under order 7 Rule 11 should be allowed and plaint rejected
Order 7 rule 11
I filed order7 rule 11,i have strong reasons like 1. registered relinquish deed by plaintiff which supressed and filed suit. 2.paid very less court fee on valuation of suit properties. 3.limitation period since it was regd in year 1968 my case is for hearing on 5th july 2019 in high court,i like your opinions would i get justice?
Asked 5 years ago in Property Law
Religion: Hindu
19 Answers
they dont have any documentary evidence to proove against me,but they have created a story for cause of action,does this have value when i have strong prooving documents that are registered in favour of me.
Asked 5 years ago
You should succed as you ha e strong case in merits
See if you have valid grounds and there are merits in your application then you shall get the justice.
No when there is registered document as proof then there story won't work out.
If the said suit is bogus and malafide then it will be dismissed by the court
Sir I am getting very less replies from advocates.
Asked 5 years ago
you would get replies from other advocates
Sir kindly elobrate your question for proper response.
Dear Client,
First of all -Plaint Can Be Rejected If Suit Is Clearly Barred By Limitation
Secondly,
And while entertaining your application, court will only look into averments made in plaint, and
Other ground of rejection - 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
You proceed with your proceedings. If you require any assistance contact me
Hi
Suppression of relinquishment deed and limitation(1968 document being challenged now) are good grounds for dismissal of plaint in civil court.
But how is high court involved in this matter? High court is an appellate court and will not stop/quash trial when your remedy under order 7 rule 11 lies with civil court.
In the civil court, you should establish your case by way of both oral and documentary evidence.
If valuation is not proper, you can raise preliminary objection by filing an I.A under order 7 rule 11 before framing of issues and get the petition dismissed
My order7 rule 11 was dismissed in lower court with bad officers.Hence i went for appeal. Now suppose if my opposite advocate requests to send back to lower court or if the officer sents back to lower court,can i have chance to request to settle it in high court only,as i dont believe lower court.
Asked 5 years ago
In appeal if court directs that matter be remanded back to trial court you cannot insist that case be heard in HC only
you can oppose argument of respondent that case be remanded to trial court
You have to settle with the party and file compromise in lower court as in high court you have only went for order 7 rule 11 appeal.
You need to settle it in lower court only but you can initiate the talks in high court
Such appeals dose not remand back and High Court can’t Remand Cases When Either Party Doesn’t Seek It. You can object remand if requested by other party.
But such appeals won`t remanded back.
The reasons you have stated for application of Order VII Rule 11 are very strong and it should not have been rejected by trail court.
As I am replying late on your question can I ask you what happened on last date in High Court.
You are seeking opinion without letting us know the brief facts of the case you are fighting.
However from your contents it can be seen that you have file a petition to reject the plaint for the reasons you rely upon, you may concentrate on the application and put up a strong argument to get the plaint rejected.
If you have strong documentary evidences to prove that they have approached the court with false allegations and documents, you may look for confronting them in the trial proceedings also in case the application under order 7 rule 11 is dismissed against you.
What reply do you expect from advocates here when you yourself has given very little information while posting your query here?
You dont have a choice that way when the high court remands the matter to the trial court.
If you do not want to hav the trial by that particular judicial presiding officer for the reasons you may rely upon, you may ask for transfer of this case to a similar court elsewhere within the district.