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(2022) Law Today Live Doc. Id. 17324 = 2023(1) L.A.R. 424
Decided on: 12.12.2022
Present:
Mr. N.K. Malhotra, Advocate, for the petitioner.
Code of Civil Procedure, 1908 (V of 1908), Section 2(2), 96, Order 7, Rule 11 – Constitution of India, Article 227 -- Rejection of plaint – Revision – Appeal -- Plaint ordered to be rejected invoking Order 7 Rule 11 CPC – Held, rejection of plaint falls within the definition of decree as provided under Section 2 (2) of CPC and thus, becomes appealable u/s 96 CPC thereof -- Revision petition is not maintainable.
(Para 1-3)
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HARKESH MANUJA J. (ORAL) –
1. By way of present revision petition, challenge has been made to an order dated 13.10.2020 passed by the court of learned Civil Judge (Junior Division), Rohtak, whereby the plaint filed at the instance of petitioner-plaintiff has been ordered to be rejected invoking Order 7 Rule 11 CPC.
2. The rejection of plaint falls within the definition of decree as provided under Section 2 (2) of CPC and thus, becomes appealable under Section 96 CPC thereof.
3. Accordingly, the present revision petition is not maintainable as the order dated 13.10.2020 passed by the trial court, which has been impugned herein, is appealable.
4. Disposed of accordingly.
Order accordingly.
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