MANOJ AGRAWAL Vs. R R ENERGEY COMPANY LTD

JUDGEMENT

(1.) THIS is plaintiffs' second appeal under Section 100 of CPC against the judgment and decree dated 7-12-2010 passed by the 3rd Additional District Judge (FTC), Raigarh in Civil Appeal No. 5-A/2010.

(2.) ON 14-3-2011, the appeal was admitted for hearing on the following substantial question of law :-

(3.) SHRI Amit Sharma, learned Counsel appearing for the appellant, by drawing the attention of this Court to the definition of decree, submits that rejection of the plaint also comes within the definition of decree, and therefore, first civil appeal was maintainable and the learned First Appellate Court has wrongly dismissed the first appeal as not maintainable.