Legal Question in Civil Litigation in India

Order VII Rule 11

We have filed the above application in High Court as a same suit of partion is pending in Trial Court.

The palntiff in trial court is Respondent no. 2 in High court and he has withdrawn the Suit in trial court after we have file 7/11 application in Hiogh court.

Is our 7/11 application still maintainable ?

Kindly Help


Asked on 3/11/10, 11:40 pm

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

without going through both the suit and the application, it cannot be conclusively opined whether the application u/o7 r 11 is maintainable or not...

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Answered on 3/12/10, 3:31 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Firstly, an application u/O 7 R 11 is not maintainable directly in the High Court.

Secondly, if the suit is withdrawn, the purpose of 7/11 application is achieved.

In any case, you should follow the advice of your advocate who is conducting the case.

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Answered on 3/12/10, 5:43 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

"You can not file any application as in the Honorable High Court, unless a suit at pendente lite to be disposed before a trial court.", Ok ?

Thank You,

Kind Regards. Sanjay K. Dixit, Advocate,

Davangere - 577 002.

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Answered on 3/18/10, 12:38 am


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