IN THE COURT OF __________________________________
Civ Suit No.___/20
IN THE MATTER OF:
_____________________ …PLAINTIFF
VERSUS
____________________
…DEFENDANTS
INDEX
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S.No. |
Particulars |
Page No. |
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1. |
Application under Order 7 Rule 11 read with
Section 151 of Code of Civil Procedure, 1908 on Behalf of Defendants |
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2. |
List of Documents along with Documents |
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DEFENDANTS
Delhi
Through
Dated:
Advocate
IN THE COURT OF __________________________________
Civ Suit No.___/20
IN THE MATTER OF:
_____________________ …PLAINTIFF
VERSUS
____________________
…DEFENDANTS
AN APPLICATION UNDER ORDER VII RULE 11 READ WITH SECTION 151
CPC ON BEHALF OF THE DEFENDANTS
Sir,
The Applicants most
respectfully submits as under:
1. That the Applicant is the Defendant
in the above-mentioned case fixed for hearing on________.
2. That the Plaintiff has not approached
this Hon’ble Court with clean hands and has made false and frivolous averments
and has concealed material facts.
3. That the present suit is liable to be
stayed under Section 10 CPC in view of the fact that a previously instituted suit
bearing ________titled as “__________________” by the___________, who is SPA of
the plaintiff in respect of the suit properties.
4. That the present suit is also not
maintainable since the plaintiff is no longer the owner of the property having
sold all his rights and interest to_____________. It is further submitted that
the predecessor in interest _________ has independently initiated a civil suit
bearing no.____________________” in respect of the suit property.
5. The present suit is also barred by Order
II Rule 2 CPC in view of the fact that the relief sought in the previously instituted
suit but the plaintiff had omitted to do so, and hence, the said relief cannot
be sought by way of a subsequent suit.
6. That the present suit is not maintainable
in absence of the relief of possession. It is submitted that plaintiff has
failed to seek the relief of possession despite being not in possession of the
suit property. It is submitted that a simpliciter suit for permanent injunction
without seeking declaration of rights of ownership as also the relief of possession
is not maintainable in view of the judgement of Hon’ble Apex court in Anathula
Subhakar vs. P.Buchi Reddy.
7. That the present suit is not maintainable
in view of the fact that the plaintiff was not a party to the ____________wherein
the order sought to be declared as null and void was passed and as such, the
plaintiff does not have any locus to challenge the order ________passed in the
aforesaid suit, in view of Section 35 of the Specific Relief Act.
8. That the present suit is not maintainable
since the plaintiff has failed to seek the relief of possession despite
admittedly having not been in possession, it is submitted that the defendant is
in the possession of the suit property. The plaintiff had sought the main
relief of possession and only seeking the consequential relief.
9. It is apparent from a bare reading of
the plaint that the title of the suit properties is in dispute. Even as per the
plaintiff, the defendants are claiming rights in the suit properties. Since the
plaintiff claiming his ownership on the suit property whereas defendant is also
claiming his ownership and possession of the suit property. Therefore, it is
trite in law that where the title of the suit property is in dispute, the
plaintiff must seek the declaration of ownership first which is the main
relief. It is submitted that the present suit is not maintainable since the
plaintiff failed to seek the declaration of ownership of the suit property.
10. That the All any/other reliefs
claimed by the plaintiff cannot be granted to the plaintiff unless and until
the Plaintiff claims and gets the possession of the suit property.
P R A Y E R
In view of the facts and
submissions made above, it is most respectfully prayed to the Hon’ble Court: -
1. That the plaint of the plaintiff may
kindly be rejected under Order VII Rule 11 with cost, in the interest of
justice.
2. That the cost of the suit to be
awarded in favour of the Defendants and against the Plaintiffs.
3. Any other order/relief as this
Hon’ble Court may deem proper and fit in the circumstances of the case as per
provisions of law may also be passed to meet the ends of justice.
Delhi
DEFENDANTS
Through
Dated:
Advocates
IN THE COURT OF __________________________________
Civ Suit No.___/20
IN THE MATTER OF:
_____________________ …PLAINTIFF
VERSUS
____________________
…DEFENDANTS
AFFIDAVIT
I, _________, S/o __________R/o ____________aged
around ___ years do hereby solemnly
affirm and state as under: -
1.
That
I am the Defendant___ in the present case and hence competent to depose the
present affidavit.
2.
That
I state the accompanying application has been filed at my instance and the
contents of the same are correct to the best of my knowledge and belief.
3.
That
the contents of the reply may kindly be read as part and parcel of the present
affidavit and the same are not being repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:
Solemnly verified at Delhi on this
____ day of month____, 20__ that the contents of my above affidavit are correct
to the best of my knowledge and belief, no part of the same is false and
nothing material has been concealed therefrom.
DEPONENT
