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2020 DIGILAW 138 (PNJ)

Naveen Gupta v. Ashok Ray

2020-01-13

ALKA SARIN

body2020
JUDGMENT Alka Sarin, J. - The present revision petition has been filed against the order dated 03.09.2015 whereby the trial Court rejected the plaint of the plaintiff-petitioner under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter to be referred to as "CPC"). 2. Vide the impugned order it was noticed that the case had been fixed for the purposes of filing of the court fee pursuant to the order dated 03.08.2015. At that juncture, an application for extension of time for depositing the court fees had been filed on the ground of financial hardship. It has been noticed in the impugned order that there was no evidence with regard to any financial hardship which had been brought on the record by the plaintiff-petitioner and, therefore, the plaint was rejected under order 7 Rule 11 CPC. 3. The plaintiff-petitioner has filed the present revision petition challenging the said order. A perusal of Section 2(2) CPC reads as under:- "2. Definitions.In this Act, unless there is anything repugnant in the subject or context, (1)......................................... (2) "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within Section 144, but shall not include- (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Explanation.A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final;" 4. A perusal of the above-reproduced section clearly reveals that the term "decree" includes the rejection of a plaint. That being so, only an appeal under Section 96 CPC would be the remedy available to the petitioner. Learned counsel for the petitioner has been unable to show any provision of law or any judgment in support of his argument that the present revision petition is maintainable against the order dated 03.09.2015 rejecting the plaint under Order 7, Rule 11 CPC. 5. In view of the above, the present revision petition is dismissed. Learned counsel for the petitioner has been unable to show any provision of law or any judgment in support of his argument that the present revision petition is maintainable against the order dated 03.09.2015 rejecting the plaint under Order 7, Rule 11 CPC. 5. In view of the above, the present revision petition is dismissed. However, it shall always be open to the petitioner to avail his remedies as per law. 6. In view of the order passed in the main petition, no order need be passed in this application and the same accordingly stands disposed of.