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Enlargement of Time for Written Statement after Rejection of Order 7 Rule 11 Application
No embargo on filing written statement before adjudication - There is no restriction preventing defendants from filing their written statements prior to the court’s decision on an Order 7 Rule 11 application; such proceedings are considered independent of the filing of written statements Rama alias Rita Devi W/o Shri Ranjeet Singh VS Ashwani Kumar S/o Late Shri Sarwan Singh - Himachal Pradesh.
Order 7 Rule 11 proceedings are independent - The rejection of a plaint under Order 7 Rule 11 does not directly affect the right or obligation to file a written statement; the two processes are separate, and filing can occur either before or after the Order 7 Rule 11 decision Rama alias Rita Devi W/o Shri Ranjeet Singh VS Ashwani Kumar S/o Late Shri Sarwan Singh - Himachal Pradesh.
Time extension considerations - Courts have recognized that, upon rejection of a plaint under Order 7 Rule 11, defendants may seek to file or amend written statements, and courts may grant an enlargement of time for such filings, especially if there is no deliberate delay or misconduct Pramod s/o. Baliram Wavge VS Sahadev s/o. Kisan Khadke - Bombay, NANDLAL VITTHALDAS AND CO. , SHEGAON VS AGRICULTURAL PRODUCE MARKET COMMITTEE, SHEGAON - Bombay.
Legal implications of rejection and subsequent filings - Rejection under Order 7 Rule 11 does not bar the filing of a written statement at a later stage; the Court may condone delays or allow belated filings if justified, emphasizing the procedural flexibility to prevent miscarriage of justice Pramod s/o. Baliram Wavge VS Sahadev s/o. Kisan Khadke - Bombay, NANDLAL VITTHALDAS AND CO. , SHEGAON VS AGRICULTURAL PRODUCE MARKET COMMITTEE, SHEGAON - Bombay.
Main points from case law - Several judgments clarify that the procedural independence of Order 7 Rule 11 proceedings permits defendants to file written statements even after a plaint has been rejected, and courts have discretion to enlarge time for such filings, considering bona fide reasons P. Kumar VS Sanjay Agarwal - Madras, Rafeeque Ahmed VS C. Lickmichand Jain - Madras.
Conclusion - The enlargement of time for filing a written statement after the rejection of an Order 7 Rule 11 application is permissible, provided the defendant demonstrates bona fide reasons, and courts exercise their discretion to prevent injustice, recognizing the procedural independence of Rule 11 proceedings from the filing of written statements.

Search Results for "Enlargement of Time for Written Statement after Rejection of Order 7 Rule 11 Application"

Rama alias Rita Devi W/o Shri Ranjeet Singh VS Ashwani Kumar S/o Late Shri Sarwan Singh

2022 0 Supreme(HP) 15 • India - Himachal Pradesh

JYOTSNA REWAL DUA

There is no embargo upon the defendants to file written statement before adjudication of Order 7 Rule 11 CPC application. ... Nonetheless Order 7 Rule 11 CPC proceedings have been held to be independent of filing of written statement. ... No doubt, application under Order 7 Rule 11....

Narender Kumar Nangia VS Harjinder Pal Singh

2018 0 Supreme(P&H) 1964 • India - Punjab and Haryana

RAJ MOHAN SINGH

(A) Civil Procedure Code, 1908, O.7 R.11 – Rejection of Plaint – Limitation – For deciding an application under Order 7 Rule 11 CPC ... statement or in the application for rejection of the plaint is wholly immaterial – It is only if the averments in the plaint ex ... (Para 17) ... (E) Civil Procedure Code, 1908, O.7 R.11 – Rejection of ... Atth....

2003 0 Supreme(Del) 265 • India - Delhi

VIKRAMAJIT SEN

Civil Procedure Code, 1908 - Order 7 Rule 11 — Rejection of plaint — Whether suit liable to be dismissed as being barred by time ... Two applications under Order VII Rule 11(d) read with Section 151 of the Code of Civil Procedure have also been filed by the Defendants ... for the rejection of the plaint on the same ground. ... Although I am of the view that in deciding a contention raised under #H....

2009 0 Supreme(SC) 1285 • India - Supreme Court

S.B.SINHA, DEEPAK VERMA

7, Rule 11 r/w Section 149-Rejection of plaint on the ground of bar of limitation-Whenever ... terms of Order VII rule 11 (c) of the Code, several aspects of matter are required to be considered-Once an application u/s 149 ... is allowed, Order VII, Rule 11 (c) of Code will have no application-When Court was satisfied with regard to bona fide of plaintiff ... It is also relevant ....

2010 0 Supreme(Mad) 4416 • India - Madras

M.VENUGOPAL

Issues: The main issue was the rejection of the plaint under Order 7, Rule 11 of the Civil Procedure Code and the applicability ... Court Fee - Civil Procedure Code - Section 149, Order 7 Rule 11 - Summary Fact of the Case: The plaintiff filed a ... The trial court rejected the plaint under Order 7, Rule 11 of the Civil Procedure Code due to non-payment of def....

2014 0 Supreme(Mad) 255 • India - Madras

K.KALYANASUNDARAM

The petitioner, the third defendant, filed an application to strike off the plaint under Order 7 Rule 11 of C.P.C. due to the first ... Order 7 Rule 11 of C.P.C. ... 7 Rule 11 of C.P.C. ... After filing of the written statement and commencement of the trial, the defendants filed a petition under Order 7 #HL_S....

Pramod s/o. Baliram Wavge VS Sahadev s/o. Kisan Khadke

2006 0 Supreme(Bom) 2088 • India - Bombay

R.C.CHAVAN

by defendant to jurisdiction of Court by filing application - Rejected - Defendant filed written statement within 5 days of rejection ... Civil Procedure Code, 1908 - Order VIII, Rule 1 - Filing of written statement - Belatedly filed - Condonation of delay - Objection ... , challenging jurisdiction of the Civil Court, Patur, was rejected, just five days before the petitioner sought to file written statement ... imp....

NANDLAL VITTHALDAS AND CO. , SHEGAON VS AGRICULTURAL PRODUCE MARKET COMMITTEE, SHEGAON

2005 0 Supreme(Bom) 1390 • India - Bombay

A.H.JOSHI

application for dismissal of suit On rejection of said application written statement sought to be filed on record Permission to ... application for rejection of suit, failure to file written statement could not be said to be intentional or deliberate There being ... As the written statement was filed on the first date after rejection of the application for dismi....

2010 0 Supreme(Mad) 4413 • India - Madras

M.VENUGOPAL

Issues: The main issue was whether the rejection of the plaint under Order 7, Rule 11 was justified due to non-payment of ... Court Fee - Civil Procedure Code - Section 149, Order 7 Rule 11 - Summary Fact of the Case: The plaintiff filed a ... The trial court rejected the plaint under Order 7, Rule 11 of the Civil Procedure Code due to non-payment of deficit c....

2012 0 Supreme(Ori) 273 • India - Orissa

B.N.MAHAPATRA

Order 7, Rule 11 CPC can be raised in a revision petition ? ... CIVIL PROCEDURE CODE, 1908 - Order 7, Rule 11 - Whether question of law not raised before the lower Court in the petition flied under ... (Para - 11) ... ... On receipt of summons in the aforesaid Civil Suit, defendant No.1-petitioner and opposite party Nos.2 and 3 entered appearance and filed their written statement. ... Division)....

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