A Reply of 7-11 Application is a crucial legal document filed by a plaintiff in response to an application submitted under Order VII Rule 11 CPC. The purpose of the reply of 7-11 application is to oppose the rejection of the plaint and to satisfy the court that the suit is legally maintainable.
A reply of 7-11 application is the written answer filed by the plaintiff after the defendant files an application for rejection of plaint under Order VII Rule 11 CPC. Through this reply, the plaintiff rebuts the objections raised and explains why the plaint fulfills all legal requirements.
The reply of 7-11 application helps the court understand that the suit discloses a valid cause of action and is not barred by law.
The reply of 7-11 application is governed by Order VII Rule 11 of the Code of Civil Procedure, 1908. This provision allows the defendant to seek rejection of plaint on specific grounds, while giving the plaintiff a right to defend the plaint through a reply of 7-11 application.
Courts decide the matter primarily by examining the plaint, but the reply plays a supportive and clarifying role.
Filing a strong reply of 7-11 application is important because:
It prevents premature rejection of the plaint
It clarifies the legal position of the plaintiff
It addresses objections raised under Order VII Rule 11 CPC
It assists the court in applying settled legal principles
A weak or delayed reply of 7-11 application may seriously damage the plaintiff’s case.
A reply of 7-11 application usually responds to the following objections:
The reply of 7-11 application explains that the plaint clearly discloses a cause of action when read as a whole.
If the defendant alleges a legal bar, the reply of 7-11 application clarifies that no such bar exists or that the issue requires evidence.
The reply of 7-11 application may argue that limitation is a mixed question of law and fact and cannot be decided at this stage.
Any objection regarding court fee or jurisdiction is addressed directly in the reply of 7-11 application.
An effective reply of 7-11 application should:
Respond paragraph-wise to the defendant’s application
Refer strictly to the contents of the plaint
Avoid introducing new facts
Be concise, factual, and legally sound
The success of a reply of 7-11 application depends on how well it aligns with the plaint.
While filing a reply of 7-11 application, parties should avoid:
Adding facts not pleaded in the plaint
Making emotional or irrelevant arguments
Ignoring settled law on Order VII Rule 11 CPC
Filing a vague or unsigned reply
Such mistakes can weaken the reply of 7-11 application.
While deciding a 7-11 application, the court:
Considers the plaint as a whole
Reviews objections raised by the defendant
Takes assistance from the reply of 7-11 application
If the court finds no merit, the application is dismissed and the suit proceeds.
____________________________
____________________________
(SUIT FOR DECLARATION AND PERMANENT INJUNCTION)
REPLY TO THE APPLICATION DATED 00.00.0000 UNDER ORDER 7 RULE 11-CPC ON BEHALF OF THE PLAINTIFF.
Respectfully Sheweth:
Preliminary Objections:
That the present suit does not fall within the ambit of Clauses as mentioned in Order 7 Rule 11 CPC. Admittedly while rejecting the plaint only the contents of pliant, that too considering to be true can be looked into.
That the petition is also not maintainable because the issue of limitation is involved in the matter such as issue is a mixed question of law and fact, which is always attended to after recording the evidence of the parties. Apart from this the suit is not barred by limitation as the delay in filing the suit has been explained in the plaint.
That the present application is false, frivolous and vexatious which is liable to be dismissed.
Para No. 1 of the petition is wrong and incorrect, hence specifically denied. The facts narrated in the petition are also incorrect. The answering plaintiff / respondent has also narrated in the plaint the cause of action; therefore, the plaint cannot be rejected on this ground alone.
Para No. 2 of the petition is wrong and incorrect which is specifically denied. As stated above the question of limitation is mixed question of law and facts, therefore, it cannot be resolved without recording the evidence of the parties.
Para No. 3 needs no reply, legal and the citation does not apply in the present case.
Para No. 4 needs no reply, legal and the citation does not apply in the present case.
Para No. 5 of the petition is admitted to this extent that while rejecting the plaint this Honourable Court has to see the averments of the plaint and not any other thing or the documents placed before this Honourable Court. The present suit is maintainable and cause of action has also been mentioned and the delay if any in the suit has been well explained.
Para No. 6 of the petition is wrong and incorrect and specifically denied this is mere reptation and a reply of this para has already been given above.
Para No. 7 of the petition needs no reply as the citation mentioned needs no comments.
Para No. 8 of the petition is not correct. The petitioner is pleading the case of others who have been proceeded ex-parte, therefore, the petitioner is estopped from her own conduct. The application is false, frivolous which should have been dismissed with special costs.
Para No. 9 of the petition is wrong and incorrect, hence specifically denied.
Para No. 10 of the petition is wrong and incorrect. Advelrom court fee has been affixed on the plaint.
Plaintiff
Through
Advocate High Court
___________, Lahore.
Dated: 00.00.0000
