Legal Question in Civil Rights Law in India
Dear Sir,
I want To File Application Under Order 7 Rule 11 against Partition on Self acquired property what is the procedure and How much time Consume in Final judgment because Partition Suit File based on only self Conduct story party no have any Document Proof... please Guide me for O 7 R 11...
3 Answers from Attorneys
29.06.2013
Dear Sir / Madam,
I wish to caution you that Hon'ble Justice Ms Reva Khetrapal in the case of Ms. Ilaria Kapur v/s Shri Rakesh Kapur and others has dismissed the observations of the plaintiff on 28th May, 2012.
Regards,
You can make an application under O.7 R. 11 only if it is barred by law. Not because Plaintiff has no evidence.
As you have stated that the suit is based on concocted story, without leading evidence this cannot be concluded; and therefore it cannot be dismissed.
O 7 R 11; one has to assume that whatever is stated in the Plaint is correct and then also the suit cannot be proceeded with as the law does not permit then only it can be dismissed.
I hope this clarifies.
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