ORDER 7 RULE 11

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IN THE COURT OF SH.

ANKIT KARAN, LD CIVIL


JUDGE, TIS HAZARI COURTS

CASE NO.-1571/2021

IN THE MATTER OF:

VIJAY KUMAR GULATI PLAINTIFF

VERSUS

PRADEEP KUMAR DEFENDANT

APPLICATION UNDER ORDER 7 RULE 11 OF CPC ON


BEHALF OF DEFNADANT

Most respectfully showeth:

1. That the above captioned matter is pending adjudication


before this Hon’ble Court and is fixed for today i.e.,
2.08.2022 for further proceeding.

2. That the Plaintiff has filed the present suit against the
Defendant for ……… That it is pertinent to mention here
that the present suit is liable to be rejected in accordance
with the provisions of Order VII Rule 11 of the Code of
Civil Procedure,1908 as the Plaint falls to disclose the
Cause of action against the Defendant.

3. It is noteworthy to mention here that the Plaintiff is not


entitled for any relief from this Hon'ble Court. The
Plaintiff has approached this Hon'ble Court with unclean
hands and suppressed the material facts that the defendant
is the owner of the property bearing Kh. no. 108/21/2, (1-
12) situated in the Revenue estate of village Mundka,
Delhi-110041 out of which the defendant has sold only a
piece of land measuring 1 Bigha, 12 Biswas to the plaintiff
in year 2012 and rest of the land is still owned and
possessed by the defendant only.
4. It is submitted that the defendant has sold only part/portion
measuring 1 Bigha, 12 Biswas out of his total owned
property i.e., Kh. no. 108/21/2(1-12) to the plaintiff in
2012 and possesses all right and title of the said property
which a prudent owner of property possess. It is also
submitted that the plaintiff by making an entrance way
from the property of the defendant wants to grab his
unlawful right and illegally capture the other portions of
the abovesaid property exclusively owned by the
defendant.
5. That the Plaintiff has approached this Court with
uncleaned hands is liable for suppression of material facts
from the Ld. Court and has also annexed a wrong site plan
map just to mislead the Hon’ble Court.
6. That it is the established principle of law that while
considering the question of rejection of plaint, the court
needs to peruse the plaint only and on bare perusal it
becomes quite clear that the plaint does not disclose any
cause of action is barred by law then the court need not
look into any other document and the suit should be
nipped in the bud.
7. That the application is filed bonafide and for the ends of
justice and grave prejudice and harm would be caused to
the applicant in the event the present application is not
allowed. It is also submitted that the question of rejection
of plaint has to be decided on the touchstone of order VII
Rule 11 of CPC which provides that a plaint to be rejected
if no cause of action is disclosed. In the present case the
Plaintiff has failed to disclose a cause of action and the suit
is liable to be rejected.

PRAYER

In the facts and circumstances of the present case,


the defendant humbly prays to this Hon’ble Court:

a) Reject the Plaint.


b) Impose cost on the Plaintiff.
c) Pass any other order which this Hon’ble court deems fit in
the facts and circumstances of this case.

It is prayed accordingly.

DATE APPLICANT

THROUGH

DELHI COUNSEL
Rahul Dabas Advocate
Chamber No.1329, Lawyers Chamber Block,
Rohini Court, Delhi 110085
PH. 9811963100

IN THE COURT OF SH. ANKIT KARAN, LD CIVIL


JUDGE, TIS HAZARI COURTS

CASE NO.-1571/2021
IN THE MATTER OF:

VIJAY KUMAR GULATI PLAINTIFF

VERSUS

PRADEEP KUMAR DEFENDANT

AFFIDAVIT

I, PRADEEP KUMAR, S/o Sh. Samunder Singh, R/o Deep


Farm, Main IOC Road, Bijwasan, New Delhi-110061 do hereby
solemnly affirm and state as under:

1. That I am the Defendant in the above-mentioned matter


and conversant with the facts and circumstances of the
case and competent to swear this affidavit.

2. That the accompanying application has been drafted under


my instructions and the contents of the same are true and
correct.

3. That the contents of the application may kindly be read as


a part and parcel of this affidavit and the same is not
repeated for the sake of brevity.

DEPONENT

VERIFICATION:
I above named deponent do hereby verify that the contents
of above affidavit are true and correct to my knowledge.
Nothing material has been concealed therefrom and no
part of it is incorrect. Signed and verified at New Delhi on
this day of August, 2022.

DEPONENT

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