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Rejection Application

The document is a court application seeking the rejection of a plaint due to non-disclosure of cause of action, being barred by Muslim custom, and non-payment of court fees. The respondent, Umme Qhatija, argues that the plaintiffs' suit for partition is barred by limitation and lacks necessary legal grounds. The affidavit asserts that the plaintiffs admit certain facts that undermine their claim, requesting the court to dismiss the plaint as an abuse of legal process.

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7 views3 pages

Rejection Application

The document is a court application seeking the rejection of a plaint due to non-disclosure of cause of action, being barred by Muslim custom, and non-payment of court fees. The respondent, Umme Qhatija, argues that the plaintiffs' suit for partition is barred by limitation and lacks necessary legal grounds. The affidavit asserts that the plaintiffs admit certain facts that undermine their claim, requesting the court to dismiss the plaint as an abuse of legal process.

Uploaded by

friendslawadvocates
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF THE ADDL.

CITY CIVIL AND


SESSION JUDGE ( CCH-65), AT BANGALORE

O.S. No. 9514/2015

BETWEEN
Sri Khaiunnisa and others Plaintiffs
AND
Smt umme Qhatija Defendants.

APPLICATION UNDER ORDER 7 RULE 11(D) OF CPC


REJECTION OF PLAINT R/W SECTION 35(1) OF KCF&SV
ACT FOR NON-PAYMENT OF COURT FEES

For the reason stated in the accompanied affidavit


applicant humbly prays to this Hon’ble court to reject
the plaint on the ground of non disclosure of cause of
action, barred by Muslim custom, and non-payment of
court fees in the interest of justice and equity.

Bangalore

30/05/2017 Counsel for respondents


IN THE COURT OF THE ADDL. CITY CIVIL AND
SESSION JUDGE ( CCH-65), AT BANGALORE

O.S. No. 9514/2015

BETWEEN
Sri Khaiunnisa and others Plaintiffs
AND
Smt umme Qhatija Defendants.

AFFIDAVIT

I, Umme Qhuteja W/o Late Mohammed Vazeer Decree Holder


No.2 herein age about 48 years, residing at #22, Hanaumanthappa
Layout, Mutta Chari Ind Estate, D.R.. Halli, Deepanjali nagar,
Bangalore 560 039 and on the behalf of other respondents also
who are my children only ,do hereby solemnly affirm and state an
oath as follows:

1. That I am the respondent no 1 in the case and conservant


with the fact of the case.

2. That plaintiffs has filed mischievous suit of partition which


is barred by the limitation and within the limitation period
no partition demand if we assume that that cause of action
arise from the death of Ibhaim Sab i.e. on 1/07/1996 thus
this suit is barred by the limitation which can be proceeds
without condonation of delay of limitation and neither no
such averments found in the plaint , nor independent
application has filed thus on this ground alone this plaint is
laible to dismiss on cost.
3. That moreover it is the admission of plaintiff itself that Item
no 2 suit property in the name of my husband under valid
gift deed and its validity also reiterated in the OS no
7603/1992, in such event without seeking its cancellation
how this suit is can be decided for partition.

4. That plaintiffs them admits that the item no 3 in the


possession of defendants and in respect of item no 2 , OS
7603/1992 court has declared the possession of defendant
no 1 husband which is judicial declaration, and defendants
specifically denies the claim of plaintiffs in this two
property so without payment of ad –volram court fees in
respect these property.

5. Hence I pray that the Hon’ble may be pleased dismiss the


plaint in the above said reason as it is abuse of legal process,
in the interest of justice and equity.

DEPONENT

Verification

Verify at Bangalore on this 30th May 2017 that the content of the
above affidavit are correct and true to my knowledge and no
material has been conceal there form.

Identified by me

DEPONENT

Advocate

Bangalore
Date: 30.05.2017

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