RAMAYAN SHARMA Vs. SITA DEVI AND OTHERS

JUDGEMENT

(1.) Invoking revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (for short "CPC"), plaintiff/applicant herein has challenged the order of the trial Court by which plaint filed by him has been rejected exercising jurisdiction under Order 7, Rule 11(a) of the CPC.

(2.) Mr. Amrito Das, counsel for respondent No. 1/defendant would submit that on respondent No. 1/defendant's application, the trial Court has rightly rejected the plaint under Order 2, Rule 2 of the CPC, as such, order has force of decree under Order 7, Rule 11(a) of the CPC, against which, regular appeal under Section 96 read with Order 41 of the CPC would lie before the first appellate Court and, as such, the revision is not maintainable and it be dismissed accordingly.

(3.) Mr. Vipin Tiwari, counsel for the applicant/plaintiff would submit that revision would lie as the jurisdictional error has been committed by the trial Court in rejecting the plaint and thereby dismissing the suit.