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'Decree' Includes Order Rejecting Plaint Under Order 7 Rule 11 CPC, Amenable To Remedy Of Appeal U/S 96: Punjab & Haryana High Court

Drishti Yadav
8 Aug 2022 10:55 AM GMT
Decree Includes Order Rejecting Plaint Under Order 7 Rule 11 CPC, Amenable To Remedy Of Appeal U/S 96: Punjab & Haryana High Court
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Punjab and Haryana High Court recently dismissed a revision petition for setting aside order of the Addl. Civil Judge (Sr. Divn.), Chandigarh, vide which, application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of plaint in a summary suit was allowed. The bench comprising Justice Manjari Nehru Kaul held that in circumstances, when there already exists a...

Punjab and Haryana High Court recently dismissed a revision petition for setting aside order of the Addl. Civil Judge (Sr. Divn.), Chandigarh, vide which, application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of plaint in a summary suit was allowed.

The bench comprising Justice Manjari Nehru Kaul held that in circumstances, when there already exists a statutory remedy of appeal against the impugned order, it is not appropriate to entertain the instant petition under Article 227 of the Constitution of India.

The court was dealing with a matter where a summary suit for grant of a decree for recovery of a certain sum of money was instituted by the Plaintiffs. Thereafter, the defendants filed an application seeking rejection of the plaint on the ground that the suit did not fall within the ambit of summary suit. The said application was allowed and plaint was rejected hence, the instant revision petition was filed.

The court considered rival submission of the parties and held that a statutory remedy of appeal is already provided under Section 96 of CPC against a decree and even an order of rejection of plaint is amenable to this remedy of appeal.

The court further observed that a decree is a formal expression of adjudication by Court of law, wherein, the rights of the parties are conclusively determined with regard to all or any of the matters in controversy in a suit. Further, the court noted, 'decree' includes an order of rejection of plaint under Order 7 Rule 11 of CPC.

By decree, it is implied that it is a formal expression of an adjudication by a Court of law, wherein, the rights of the parties are conclusively determined with regard to all or any of the matters in controversy in a suit. Further, the term 'decree' would include within its ambit an order of rejection of plaint under Order 7 Rule 11 of Code, as would be evident from the expression "shall be deemed to include the rejection of plaint" appearing in Section 2(2) of Code.

Accordingly, the court concluded that the impugned order by the Addl. Civil Judge (Sr. Divn.), Chandigarh amounts to a decree as contemplated under Section 2(2) of the Code of Civil Procedure. Therefore, the plaintiff has a remedy of appeal under Section 96 of the Code.

The revision petition was thus dismissed.

Case Title: Nimrata Shergill and another Versus Shop Owners Welfare Association

Citation: 2022 LiveLaw (PH) 218 

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