• Issues in plaint can be a possibility for rejecting the case

Plaintiff filed a case on me in lower court under Order VII and section 1 of CPC asking for declaring the gift settlement deed as null and void citing fraud, coercion and un due influence on Donor and donor is dead now and plaintiff is not a party to the deed. case filed with in 3 yrs.

Issues i am noticing in as follows. please kindly let me know whether i can use and frame a application to request the court to reject the case completely. if so possible let me know how to do my self as party in person.

1) Gift Settlement Deed is registered for a immovable property having a value more than 2 crs now. Plaintiff has filed the case on Order VII and Section 1 of CPC but i notied section 2 of CPC which talks about Immovable property. so is it a mistake on plaintiff part

2) Under Order VII and Rule 14(1) listed out several docs and said xerox copies given along with plaint. But 2 docs not given defendant out of all other docs listed. Is it a good reason to request for rejection or i can only request for missed out docs

3) Value of the suit is valued at 1000 rs and paid court fees as 75.5 rs
In another separate query in this web site i have asked about this i was adviced to file application under order 7 rule 11 of CPC or order 7 rule 11(c) of CPC for paying insufficient court fees.

4) This case is filed in PRINCIPLE DISTRICT MUNSIF COURT AT ALANDUR
I heard that cases where suite value is less then few lacs can only be filed in munisif court and cases having more value has to be filed in higher courts or High Court.

I want to know can i combine all these points or valid points out of these issues i find and file any application to reject the case by court.
Asked 1 year ago in Civil Law from Chennai, Tamil Nadu
1) we have advised you to engage a lawyer to fight your case 

2) if 2 documents have not been given you can raise grievance in the court that all documents have not been supplied 

3)court will direct plaintiff to furnish said documents to you 

4) it is not ground for rejection of plaint 

5) since insufficient court fees have been paid  by plaintiff you can file application under order 7 Rule 11 

6) you can in your application for rejection of plaint object to the jurisdiction of munsif court as value of property is more than 2 crores and it would not fall within pecuniary jurisdiction of Munsiff court 
Ajay Sethi
Advocate, Mumbai
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1) the procedure for framing issues is both parties tender draft issues to the court 

2) after going through the draft issues and hearing plaintiff and defendants in open court the issues are framed by the court 

3) if jurisdiction of munsif court is few lakhs and value of property is 2 crores suit would not fall within jurisdiction of munsif i court
Ajay Sethi
Advocate, Mumbai
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Hi, you can file a application under order 7 rule 11 of Code of Civil Procedure to reject the plaint on two grounds that plaintiff has not paid proper stamp duty and second one this court has no jurisdiction to try this case.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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1) it is not necessary you file application tomorrow 

2) you can file application on next date 

3) better get it vetted by local lawyer who is familiar with provisions of Tamil Nadu court fees act 
Ajay Sethi
Advocate, Mumbai
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1215 Consultations
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Issues i am noticing in as follows. please kindly let me know whether i can use and frame a application to request the court to reject the case completely. if so possible let me know how to do my self as party in person.
Your similar or same questions were very properly addressed by many lawyers of this forum but you are again coming out with the same questions,  well you can very well appear as a party in person by filing a petition under order 3 rule 1 or order 5 rule 3 cpc.   Both are valid. 





1) Gift Settlement Deed is registered for a immovable property having a value more than 2 crs now. Plaintiff has filed the case on Order VII and Section 1 of CPC but i notied section 2 of CPC which talks about Immovable property. so is it a mistake on plaintiff part
what is your question, section 2 is irrelevant to your question. 





3) Value of the suit is valued at 1000 rs and paid court fees as 75.5 rs
In another separate query in this web site i have asked about this i was adviced to file application under order 7 rule 11 of CPC or order 7 rule 11(c) of CPC for paying insufficient court fees.
Yes, it was a proper advice, why dont you follow the suggestions made instead of clarifying the same thing again, actually what is your query about this?





4) This case is filed in PRINCIPLE DISTRICT MUNSIF COURT AT ALANDUR
I heard that cases where suite value is less then few lacs can only be filed in munisif court and cases having more value has to be filed in higher courts or High Court.
You clarify the pecuniary jurisdictions locally.  For suit valued at less than 1 lakh, it comes under Munsif court, upto 10 lakhs before the sub-court, above 10 lakhs before the district court  (no upper limit).




I want to know can i combine all these points or valid points out of these issues i find and file any application to reject the case by court.
You can engage the services of a an experienced advocate outside court to solve your drafting problems. 




T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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As of now i am going to request court tomorrow to defend my self as party in person till plaintiff pays proper court fees, and submit clean plaint as IA and OS statements not matching. Mean time will look for a reliable Advocate.
You cannot make any such oral request before court, you have to put them in writing.




My follow up question is to know the law point to quote in my application for rejection of Plaint while saying -> "object to the jurisdiction of munsif court as value of property is more than 2 crores and it would not fall within pecuniary jurisdiction of Munsiff court " 
This is a very valid point to plead for rejection of plaint provided you get the certificate for the actual valuation of the property. 




Just now i also understood that Issues are framed with out hearing out in open court and agreeing to the same by both parties or by me - defendant for sure.  Issues framed by judge with out me or my advocate agreeing to i
You can always ask the court to inform yo the issues framed because you are supposed o know that. 




T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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I have prepared the application to reject the plaint under order VII and rule 11
I want to get it reviewed and get it corrected if any minor mistakes.
I want this help as very urgent now since tomorrow is my case hearing and sorry for the delay.
can any one share your mail id so that i can mail the application doc now and get it validated and 

You can look into the profiles of the lawyers here and choose one of your choice on the terms you are informed.





if any modifications required you can update the doc and send it back to me please.
i could not get any help in my place. 
I am ready to pay the changes for your timely help and service to me.
many thanks in advance
You can have a paid consultations with a lawyer of your choice and get his email details for further help and service to you. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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This is new IA (rather new issue), hence you have to mention just 
IA No.         /2015 in OS No.       

This is a new IA hence you need not come under the previous IAs.    The subject itself is unrelated to the previous IAs and moreover you have seeking some other relief hence it will be under a new IA only.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1) your application had to be numbered 

2) yiur cause title would mention IA no   In OS no 

3) approach the registry for number of your application 
Ajay Sethi
Advocate, Mumbai
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Why you want to complicate a simple issue.  You have been properly advised to file IANo.    /2015 in OS No. 705/2013.  
the meaning of unrelated here is because this subject and relief sought by you now is different to that of the IA they have filed. 
That is why it is advised to engage or take an advise with an advocate in person.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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Hi, you just mention the O.S. No.705/2013 and blank the I.A No.i.e  I.A No___________/2015 and once you file the application before the court then court will grant  the IA No.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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1) you are filing an application to reject the plaint 

2) every appllication taken out in suit has to be numbered 

3) it would read IA ________ of 2015 
in OS  no 705 of 2013 
Ajay Sethi
Advocate, Mumbai
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1215 Consultations
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1) you have to use words application 

2) it would be supported by an affidavit 

3) in other words along with application an affidavit has to be filed by you 

4) instead of spending so much money on raising queries better engage a lawyer 

5) registry will guide you as to format to be used 

Ajay Sethi
Advocate, Mumbai
23143 Answers
1215 Consultations
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1. You stated "Plaintiff filed a case on me in lower court under Order VII and section 1 of CPC", but this is not the relevant provision under which a case is filed.

2. The failure to give the documents to defendant is not a ground on which the case can be dismissed. If a document has not been given to you then you can raise this at the time of admission/denial.

3. Failure to pay the required amount of court fee is a ground on which the plaint can be thrown out if the insufficiency is not cured within the time fixed by the court. 


 

Ashish Davessar
Advocate, Jaipur
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1. Issues are not required to be framed in open court. 

2. The number to IA is to be assigned by the filing dept and not you, so this is to be left blank.

Ashish Davessar
Advocate, Jaipur
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446 Consultations
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It is an IA that you are filing supported by an affidavit. I repeat that the failure to file the complete document or a give a copy thereof to the defendant is not a ground on which the entire plaint can be consigned to dustbin by the court. It is the prerogative of the plaintiff to omit the filing of a document. As long as the plaint reveals a cause of action the failure to file a document in support thereof is not a ground for rejection of plaint. 
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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Hi, you have to file a application along with affidavit in order to file an application under order 7 rule 11(b) cpc.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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1) you have to state facts not the law 

2) judgements are to be cited during arguments only 

3) application followed by affidavit 

4) you hav e to use engrossed papers only (green paper) 

5) you can mention date when your affidavit in support application is affirmed before the registry 
Ajay Sethi
Advocate, Mumbai
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1215 Consultations
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You can mention citations if you want. The affidavit can be kept in front or back according to the rules of the court where you are to file it as the rules are not uniform throughout the country. The use of green or ordinary papers is also subject to the rules framed by the court. The date should be the one on which you file it in the registry. Nobody becomes a lawyer by knowing where the affidavit is to be fixed and which date is to be mentioned. You require a trained legal mind, so engage a lawyer.
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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The petition to be filed under O VII R 11 shall be as follows:

For petition:  
           After small cause title -   

                                      PETITION FILED BY PETITIONER UNDER ORDER VII RULE 11(b) & SECTION 151 CPC



For affidavit:

                                         AFFIDAVIT FILED BY THE PETITIONER. 






Rule 7 of Order 9 of the CPC reads as under :– 
“Rule 7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance. 
Where the Court has adjourned the hearing of the suit ex parte and the defendant, at or before such hearing, appears and assigns good cause for his previous non-appearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance.”

Therefore the referred law is the provision for setting aside the exparte order. 



O VII R 11(f) says that where th plaintiffs fail to comply the provisions of Rule 9;
Therefore what you now say is irrelevant to what you ask to clarify.
Dont over read the law which will not make you understand anything.  You concentrate only on your relief that will help you yield the same.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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1) 
In my application can i mention the citation of high court and supreme court judgements along with relevant paragraphs of  the judgement along with citation or it needs to be said during arguments only and not in application
The citations are to be attached during arguments only.  You can attach certain citations by pleading them in the averments of the petition affidavit if you feel that your application shall  likely to be rejected at the admission stage.



2)
when i am filing application along with affidavit which one should be kept in the front while stapling
This is a silly question, you can submit both together to the court, the clerk shall arrange them in order. 




3)
should i use green paper only or since i am party in person can i use A4 ordinary papers.
You are supposed to use concur sheet for the petition to be submitted to court with  a white paper copy to the opponent.


4)
my application was first filed on 20-11-15 and on 25-11-15 i was given 2 weeks time to make corrections and re submit , next hearing is 14-12-15.
so when i am submitting on 14th should i mention as 14-12-15 or 20-11-15
You cannot put a back date for the petition being submitted at a later date.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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Your IA seeking rejection of plaint will be taken up for filing of counter by the plaintiff in the next date of hearing.
The IA filed by the plaintiff seeking ad interim injunction shall no more be effective since the court has already framed the issues in the main suit.  Therefore the injunction granted has not been extended. 
In the main suit through the issues have been framed the trial in the main suit will begin once the suit is listed tor trial, since it has not been listed yet, you may wait for the trial to begin. The plaintiff only has to begin the trial. 

As far as the second defendant issue is concerned, without seeing the contents of the plaint, no proper opinion can be rendered about inclusion or deletion of second defendant by the plaintiff. Once a defendant has been impleaded in the plaint, the plaintiff cannot automatically delete the second or any defendant on his own, he may have to file a petition with affidavit to amend the plaint by which the desired changes can be made.  this is court case and not a private play station where anything can be done at any moment without caring for any norms or rules. 


If the opponent is desiring to withdraw the suit, he may be filing a petition to that effect, you will be required to file your counter, in that you strongly object to his withdrawal and may request the court to dismiss the suit on the reasons you strongly  rely upon and also may insist before the court to not to grant leave permitting the plaintiff to file a fresh suit on the same cause of action.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Without perusing the case documents and being aware of the complete facts it is difficult to form an opinion. Be that as it may, if you wish to withdraw the petition to file a fresh suit then you are free to do so. Even if you are appearing in person take professional assistance from a lawyer at every stage of the case by showing him all the case related documents.
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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1) if plaintiff wants to withdraw case court will permit him to withdraw suit 

2) in case any other case is filed yiu have to contest the same on merits 
Ajay Sethi
Advocate, Mumbai
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On the next hearing in case plaintiff ADV files a withdrawal petition as he told this week in court.
should i file a counter petition or what is the name of the reply i am suppose to file for their withdrawal petition
The plaintiff's advocate, if filing a petition seeking court's permission to withdraw the suit, he shall furnish a copy of the petition to you by which you are required to file a counter giving your objections after going through the reasons and grounds mentioned in the  petition/affidavit.




I want to ask for compensation (i have spent 2 lacs in 2 yrs before becoming party in person) for filing a cause of action which does not apply. can i ask and what should be my request in my reply
You cannot claim compensation but you can ask for costs  be awarded to you (the court may not grant that big amount as costs).



In case they file a new case in higher court it will be 5 yrs after the gift settlement deed registered will they be permitted to file a new case.
citing 3 yrs limitation will i be able to reject their case or can i do some thing now in the lower court to stop them from filing a new case 
gift settlement deed was registered in dec 2010.  present case was filed in july 2013.  

If the present court permits the plaintiff to withdraw with permission to file a fresh suit, the suit will not be barred by limitation, that is why I told you file a strong objection to this and request the court to not to permit the plaintiff to file a fresh suit on the same grounds. 






if plaintiff close this case and file a new case now in higher court will they be able to answer 3 yrs limitation of filing a case asking for declaring the deed as null and void
Refer my above answer which is the same opinion to this question too. 
T Kalaiselvan
Advocate, Vellore
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1) no need to file any reply . Court will permit withdrawal of suit filed by plaintiff 

2) you won't get any compensation for Rs 2 lakhs spent by you on litigation 

3) while withdrawing the suit plaintiff  will seek court Liberty  to file  fresh  suit which would be granted by court . Time spent in litigation in the present suit would be excluded to determine limitation for filing  fresh suit 
Ajay Sethi
Advocate, Mumbai
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1215 Consultations
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If he wants to withdraw then what do you want to counter? You are free to seek compensation. Get the appropriate application drafted by a lawyer having regard to the nature of the case which we are not aware of. They are free to file a fresh case which can be contested on merits. The defence of limitation can be taken by you. The court which is currently adjudicating the dispute cannot stop him from filing a fresh case. Whether or not the limitation, if any, will be overthrown by him will be known only when the case is tried by the court. 
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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