Supreme Court of India
Sayyed Ayaz Ali v. Prakash G Goyal & Ors.
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What the Court ordered
For the above reasons, we affirm the judgment of the Single Judge of the High Court: (i) allowing the revision application filed by the f irst and second defendants; and (ii) dismissing the writ petition filed by the appellant- plaintiff.
Judgment, page 12
From the headnote
Code of Civil Procedure, 1908: s.96; Or.7 r.11 – Rejection of plaint – Writ petition by plaintiff challenging the order o f trial court allowing the application filed under Or.7 r.11 – Maintainabi lity of – Held: The definition of “decree” in s.2(2) “shall be deemed to include the rejection of a plaint” – Hence, the order of trial court rejecting the plaint is subject to a first appeal u nder s.96 of the CPC – Writ petition by plaintiff liable to be rejected on t hat ground – Writ jurisdiction. Code of Civil Procedure, 1908: Or.7 r.11 – Trial court allowed the application filed under Or.7
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