Mohammad Shafi Dand vs Mohammad Sofi & Ors
2021 Latest Caselaw 708 j&K/2

                                                                            Sr. No. 204
                                                                            Advance List
                      IN THE HIGH COURT OF JAMMU AND KASHMIR
                                    AT SRINAGAR

                                           OWP No. 45/2012

         Mohammad Shafi Dand                                               ...Petitioner(s)

         Through: None

                                                   Vs.
         Mohammad Sofi & Ors.                                             ...Respondent(s)

         Through: None

         Coram:
                        HON'BLE THE CHIEF JUSTICE
                        HON'BLE MR JUSTICE SANJAY DHAR, JUDGE

                                              ORDER

05.07.2021

This petition under Article 227 read with Section 104 of the J&K Constitution has been preferred so as to challenge the judgment and order dated 11th November 2011 by which the court of first instance rejected the plaint under Order 7 Rule 11 CPC.

The court rejected the claim on the ground that the suit appears to be barred by law as the land in respect of which injunction has been sought has already been acquired in accordance with law.

The rejection of a plaint amounts to a decree as has been held in Abdul Rashid Rather vs. Ghulam Ahmad Ganai 2011 (2) J&K Judgment 849. In view of the fact that the order rejecting the plaint in exercise of power under Order 7 Rule 11 is in the nature of a decree, it is appealable under Section 96 of the Code of Civil Procedure.

In view of the above, the petition is not maintainable and is barred on the ground of alternate remedy. It is accordingly dismissed.

Record of the trial court be returned.

                                 (SANJAY DHAR)                 (PANKAJ MITHAL)
                                        JUDGE                    CHIEF JUSTICE
           SRINAGAR
           05.07.2021
           Altaf


MOHAMMAD ALTAF NIMA
2021.07.06 14:42
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