Get Your Lawsuit Dismissed: Application to Reject Plaint (Order 7 Rule 11)
This document is an application requesting the court to reject the opposing party's plaint (complaint) based on Order 7 Rule 11 of the Civil Procedure Code (CPC).
Important Note: This is a general template and may need to be adapted based on the specific jurisdiction and legal requirements. It's advisable to consult with a lawyer to ensure your application adheres to local procedures and strengthens your case.
Here's the basic structure of the application:
1. Title
In the [Court Name]
2. Parties
[Your Name], Defendant
vs.
[Plaintiff Name], Plaintiff
3. Application
The Defendant, [Your Name], hereby applies under Order 7 Rule 11 of the Civil Procedure Code for an order rejecting the plaint filed by the Plaintiff, [Plaintiff Name], in the above-entitled suit.
4. Grounds for Rejection
State the specific reasons why you believe the plaint should be rejected. Common grounds under Order 7 Rule 11 include:
The plaint does not disclose a cause of action. (Explain why the facts presented in the plaint don't justify a lawsuit)
The plaint is barred by limitation. (Explain why the lawsuit is filed beyond the time limit set by law)
The plaint is scandalous, frivolous, or vexatious. (Explain why the plaint contains irrelevant or offensive content)
The court lacks jurisdiction. (Explain why the court doesn't have the authority to hear the case)
5. Relief Sought
The Defendant respectfully requests that this Honorable Court grant this application and order the rejection of the plaint filed by the Plaintiff.
6. Date and Signature
Dated this [Date].
[Your Signature]
[Your Name]
7. Attach Supporting Documents
Include any documents that support your grounds for rejection (e.g., copies of relevant laws, timelines, etc.).
Remember: This is just a template. For a stronger application, consult with a lawyer who can tailor it to your specific situation and ensure it complies with all legal requirements.