Atma Parkash & Ors. vs Roshan Lal & Ors.
1998 Latest Caselaw 924 Del

ORDER

Mukul Mudgal, J.

1. In the present case the plaint was returned to the plaintiff/ petitioner so as to be filed before a competent Court in accordance with its rejection under Order VII, Rule 11 of the Code of Civil Procedure. Learned Counsel for respondent No. 3 points out that a decree as defined under Section 2, Sub-clause (2) of Civil Procedure Code is deemed to include a rejection of a plaint. He further submits that only an appeal would lie only against the impugned order. Section 2, Sub-section (2) reads as under:

"(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 termination 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."

2. He further relates on two judgments of learned Single Judge of this Court viz. M.L. Aggarwal Vs. National Thermal Power Corporation Ltd., 49 (1993) Delhi Law Times 735 and Tarun Chopra and Ors. Vs. UOI & Ors., 1992 (2) Delhi Lawyer 250.

3. In my view there is merit in the preliminary objection raised by the learned Counsel for respondent No. 3. It is clear that rejection of a plaint as per the definition of a decree in Section 2(2) of Code of Civil Procedure is defined to include deemed rejection of a plaint and accordingly only an appeal would be maintainable against such an order. The present revision petition is accordingly not maintainable. The revision petition is dismissed accordingly. It will be open to the petitioner to take such proceedings in accordance with law as may be available to him. There will be no other as to costs.