• O11r16 applications

The opposite party, a builder, instituted a Spl Civil Suit in vacation to get ad interim orders passed by a particular judge whose reputation was "sterling". Nonetheless, we managed to stop the judge from passing orders on ad interim application for 4 days.. & then the judge got transferred. While the previous judge was around, court ran daily 11am to 5:30pm

Under new judge, there are only adjournments sought by plaintiff. Already 2 Sec 340 CrPC applications have begun as it has come to the fore that builder/plaintiff did not have mandatory permissions that he had claimed in affidavit to get urgent listing in summer vacation. 

O11R16 applications are pending for months! Plaintiff isn't replying to O7R11 applications by defendants. 

1. In SC order in "State of Punjab vs. Jasbir Singh", is say of Accused (plaintiff) needed to process Sec 340 CrPC matter? 3 dates have past, judge ordered "other side to say" in violation of SC orders. How do we get judge to progress? The orders for waiver of Sec 164 MCS Act period, and urgency application, would not have been ordered without the perjury by plaintiff. Hence the Sec 340 CrPC applications. 
2. If O7R11 is pending for long, is there a bar on ruling on O11R16 applications? Builder/plaintiff has claimed in suit that he possessed all permissions and tried to show them to defendants. So why not produce the permissions?! We know builder doesn't have at least 2 thanks to RTI.. the rest need to be produced. Does judge has discretionary power to order on O11R16 while O7R11 is pending?
Asked 2 years ago in Civil Law

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9 Answers

1. If you are aggrieved by the trial court's slow progress of the case and feel that you are not likely to get the relief soon, you can file a petition before high court seeking direction for an expeditious trial. 

2. The court may decide on the pending applications on priority basis. 

If the petition seeking rejection of plaint was filed earlier and if the objection by opponent has been filed,  then the court may post it for hearing of both sides to dispose the same accordingly and vice versa for the other application seeking to produce the documents. 

T Kalaiselvan
Advocate, Vellore
87721 Answers
2356 Consultations

He needs to first decide O7 R11 application first. Ans say of accused is not necessary for 340 crpc as stated by SC

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

You can only request court that number of adjournments have been granted yet no say has been filed by accused 

 

2) request court to place application for arguments on next date 

 

3) also award you costs for adjournments 

 

4) ideally court should pass orders on order 7 Rule 11 application

Ajay Sethi
Advocate, Mumbai
97519 Answers
7884 Consultations

  1. Order 7 Rule 11 provides for rejection of plaint on grounds specified therein which are grounds of fact.
  2. After filing Order 7 Rule 11 an application is seems to filed for certain document and Court directed to compliance of Rule 16. Coz Rule 16 can be ordered only if there is an application filed for discover and inspection.
  3. Having filed such application for discovery, application under 7/11 gets nullified. It indicates that the defendant is willing to proceed with the suit.

Ravi Shinde
Advocate, Hyderabad
4427 Answers
42 Consultations

- As per law, an application under order 7 rule 11 CPC should given preference to decide firstly before going ahead in the case. 

- Hence , if there is an application for the rejection of the plaint , then the court should firstly decide the said application of prompt basis. 

- Further, similar to this application , the application under section 340 CrPc should be dispose off without going to trail proceedings. 

- Hence , you can move an application before the said court for disposing the applications on the priority basis, otherwise you can approach the High Court or Session Judge for speeding the trial of the case. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

1. i dont know how even s.340 applies since that pertains to - in respect of a document produced or given in evidence in a proceeding in that Court

2. the 7/11 application has to be decided first since it goes to the root of the matter. if the other side does not file its reply then press for a 'no say' order. for a decision on 7/11 application the court only has to look into the averments in the plaint and NOT the defence of the defendant. since the P has not yet filed his reply to the 7/11 application, you can request the court to peruse the plaint and adjudicate if any of the clauses under 7/11 are applicable for rejecting the plaint. 

also there is no bar to deciding the 11/16 application despite pendency of the 7/11 application since by the 11/16 application the applicant only seeks that the other side produce documents which he has relied in his pleadings. so a Court would have the jurisdiction to pass an order on the 11/16 even if 7/11 is pending since the jurisdiction of the court to pass such an order is not affected. had it been a case of 7/10 application for return of plaint then the court would have lacked the jurisdiction to pass any order at all in the suit

Yusuf Rampurawala
Advocate, Mumbai
7752 Answers
79 Consultations

RERA is a tribunal. 

If the RERA is insisting an affidavit to describe the events sworn on oath, what is the difficulty for you to re-furnish the same information in the format of an affidavit.

Your agitation over this would cause you a substantial loss, hence you better follow the norms instead of objecting it. If the RERA is insisting the affidavit, it would be as per the procedures prescribed in law for RERA proceedings. 

T Kalaiselvan
Advocate, Vellore
87721 Answers
2356 Consultations

You need an affidavit in support of your application 

Ajay Sethi
Advocate, Mumbai
97519 Answers
7884 Consultations

Affidavit not necessary only verification clause enough 

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

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