Remedy against order allowing application for rejection of plaint u/o 7 rule 11
VJG
(Querist) 10 November 2011
This query is : Resolved
Suit filed before Civil Judge Senior Division for recovery of amount on the basis of Cancellation of agreement to sell.
Court held that as there was the clause of profit sharing on sale of property to third person and the property is not sold yet. The cancellation deed id a contingent contract and that contingency did not happen and therefore there is no cause of action.
My query is... What should I prefer, Civil Revision or First Appeal or Writ Petition, for challanging the said order?. please refer the relevant citations.
prabhakar singh
(Expert) 11 November 2011
For a suit dismissed for want of cause of action u/o 7 r 11 of CPC no appeal is provided by ORDER XLIII. Hence revision and there after writ could be the best course to adopt,if revision is found with in pecuniary limits of the D.J.,if not so then file writ directly.
VJG
(Querist) 11 November 2011
Thank you very much Sir for your valuable Guidance....
Devajyoti Barman
(Expert) 11 November 2011
Misc Appeal lies if the rejection of plaint is allowed.
If it is rejected then Revision is the next course of action and no Misc Appeal lies.
bhupender sharma
(Expert) 12 November 2011
MIsc application(Civil) is the best option rahter than the writ jurisdiction.
VJG
(Querist) 12 November 2011
As per Section 2 of CPC "decree" shall be deemed to include the rejection of a plaint.
If Rejection of Plaint is a Decree then can there be a First Appeal?
