Citation

Citation

CDJ 2016 SC 554

In Saleem Bhai case (supra), this Court has also held that …  “A  direction
to file the written statement without deciding the application  under  Order
VII Rule 11 cannot but be a procedural irregularity  touching  the  exercise
of jurisdiction of the trial court.”  However, we may  hasten  to  add  that
the liberty to file an application for rejection under Order VII Rule 11  of
the CPC cannot be made as a ruse for  retrieving  the  lost  opportunity  to

file the written statement.

Reportable

Supreme Court of India


R K Roja vs U S Rayudu & Anr on 4 July, 2016





Bench: Kurian Joseph, Rohinton Fali Nariman

            
Citation:AIR 2016 SC 3282

Head Note

Code of Civil Procedure, 1908 - Order VII Rule 11,Order VII Rule 11 (a) to (f) - Denied - Opportunity - Appellant had two grievances - Court had not disposed of application filed by her under Order VII Rule 11 of CPC for rejection of Election Petition and same had posted along with main petition - Appellant was denied opportunity to file written statement -

Court held - Appellant on application under Order VII Rule 11 of CPC - Court are satisfied that said Application does not come within purview of any of situations under Order VII Rule 11 (a) to (f) of CPC - application was rejected Appellant was given opportunity to file written statement in Election Petition within prescribed weeks - Election Petition had pending before High Court since prescribed year, Court request High Court to dispose of same before end of this year- appeal disposed of.

Paras : (10,11,12)

Cases Refered:
Sopan Sukhdeo Sable and others v. Assistant Charity Commissioner and others, (2004) 3 SCC 137.
Saleem Bhai and others v. State of Maharashtra and others, (2003) 1 SCC 557).

Comparative Citations:
2016 (4) ALT 62, 2016 (6) JT 440, 2016 (6) Scale 729, 2016 (3) RCR(Civil) 810, 2016 (4) RAJ 413, 2016 DNJ 644, 2016 (3) JBCJ 185, 2016 (4) CTC 544, 2016 (3) 2016 (5) ALD 18, 2016 (3) CivCC 790, 2016 AIR(SCW) 3282, 2016 AIR(SC) 3282, 2017 (1) LW 843, 2016 (3) ARC 1, 2016 (3) AIR(Jhar) R 712, 2016 (165) ALLINDCAS 150, 2016 (5) ALL MR 446, 2016 (3) MWN(Civil) 238, 2016 (14) SCC 275,