Wednesday, February 9, 2022

Application under order 7 rule 11 moved after 11 years of filing W.S- Dismissed

Civil Procedure Code, 1908, Order 7, Rule 11 - Rejection of plaint - Application under Order 7, Rule 11 filed at fag end of trial, filed 11 years after filing written statement - Held that there is not a whisper in application about reasons for delay in moving application under Order 7, Rule 11 - No doubt application can be moved at any stage before conclusion of trial but in facts and circumstances of case, moving application at fag end of trial was nothing but ploy to drag proceedings - The grounds raised in application also do not fall within purview of situations covered under Order 7, Rule 11 Civil Procedure Code |- Trial Court committed no error in dismissing application - Petition dismissed. (Himachal Pradesh)

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