Tuesday, 4 September 2018

Remedy against the order of 7-11 application

There are two different remedies available against the order of 7-11 application. An application under order 7 rule 11 of CPC is filed for the rejection of plaint. There are 4 grounds mentioned in the statute on which the civil judge has powers to reject the plaint.

Once a plaint is rejected, it is deemed to be a decree deciding the case. In such like circumstances the remedy is of appeal. The person deprived of the decision of rejection of plaint can approach the court of district judge in 1st appeal under section 96 of CPC for the redressal of grievance.

In the other case, if the application is dismissed and the plaint is not rejected, it cannot be termed as a decree and the relief in such like cases is different. In case of dismissal of application under order 7 rule 11 of cpc, the remedy is of revision.

For filing revision, the aggrieved person has a limitation of 90 days as prescribed under section 115 of CPC. Similarly in case of appeal, the limitation is of 30 days

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