AO/157/2021
2021 Latest Caselaw 4077 UK

                   Office Notes,
                reports, orders or
                 proceedings or
sl. No   Date                                   COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     AO No.157 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Sumit Singh, Advocate, with Mr. Eshwarya Bangwal, Advocate, for the applicant.

The challenge in this present appeal from order, has been given by the appellant, herein, to the judgment/order of 07.03.2021, by virtue of which, the learned Trial court in Original Suit No.374 of 2009, "Himalayan Drugs Vs. Azhar Mohammed", had decided the Issue Nos.6 and 7, which pertain to, as to whether the suit will be barred by Section 69 (2) of the Partnership Act? as well as, whether the suit will be barred in view of the provisions contained under Order 7 Rule 11 (d) of the Code of Civil Procedure?

This Court is of the view, that any order, which has been passed deciding the issue under Order 7 Rule 11 (d) of the Code of Civil Procedure, would take the shape of the decree, and would be appellable under Section 96 of the Code of Civil Procedure, and that is why, the appellant, herein, have rightly filed a civil appeal under Section 96 of the Code of Civil Procedure. However, the Registry has wrongly registered it as an Appeal from Order.

Hence, the Registry is directed to furnish a fresh report, and the reasons as to why it has been registered as an Appeal from Order, and if it is to be registered as a regular Civil Appeal, it would place the same before the competent court which is ceased with the jurisdiction of the first appeal.

Put up this Appeal from Order in the week commencing 25.10.2021.

(Sharad Kumar Sharma, J.) 07.10.2021

NR/