E-Paper
Explained: What is Order 7 Rule 11 CPC linked to Gyanvapi mosque case?
The Varanasi court, hearing the Gyanvapi mosque case, was to give a verdict on whether to hear first the Hindu petitioners' plea to invite objections to the survey report or the Muslim side's case that the writ is not maintainable.
The Varanasi district court that is hearing the controversial Shringar Gauri-Gyanvapi mosque case following an order from the Supreme Court, has fixed May 26 to hear an application from the defendants. Order 7 Rule 11 application has been filed by the Muslim side, including the Anjuman Islamia committee, seeking rejection of the suit of the Hindu group claiming worshiping rights in the mosque.
What exactly is the Order 7 Rule 11 in a civil suit? Here is a simplified breakdown:
What is Order 7, Rule 11?
Order 7, Rule 11 of the Code of Civil Procedure (CPC) (often written as Order VII, Rule 11) is called the ‘law on rejection of plaints’. In other words, it is a rule that questions the maintainability of the suit filed by the plaintiffs.
In simpler words, the court before even hearing the case on merit needs to first decide if there is a ‘cause of action’ and consider whether the reliefs sought for in the plaint – meaning, the petition filed by the party who has approached the court – can be granted or not.
What happens if the court finds no merit?
In case the court does not find merit in any of the reliefs sought by the plaintiffs, then their petition has to be rejected and the petition is dismissed without being heard on merit and without conducting a trial.
What's going on with the Gyanvapi mosque case at the Varanasi district court?
Last month, the court had issued an inspection of the mosque premises, based on petitions moved by five Hindu women who claimed there was a Hindu shrine that had been destroyed by Mughal ruler Aurangzeb. According to the Muslim side, the status of the Gyanvapi mosque cannot be changed under the Places of Worship Act, 1991.
On Tuesday, the Varanasi district court was slated to give a verdict on whether to hear first the Hindu petitioners' plea to invite objections to the Gyanvapi mosque survey report or the Muslim side's case that the writ is not maintainable.
The court of district judge AK Vishevesh decided to hear the Anjuman Masjid committee's Order 7 Rule 11 application on the next hearing date – May 26. The court has invited objections from both parties to the commission's report and given them seven days for the same.
(With inputs from agencies and legal papers)
