FULBAASAN Vs. PREM SINGH

JUDGEMENT

(1.) The defendants' application under Order 7 Rule 11 of the Code of Civil Procedure (for short 'CPC') for rejection of the plaint has been rejected by the trial Court.

(2.) Feeling aggrieved against that order, the defendants filed an appeal under Order 43 Rule 1 (a) of the CPC before the first Appellate Court, which has been considered and allowed by the first appellate Court by its order dated 09.05.2017, against which this writ petition under Article 227 of the Constitution of India has been filed questioning the same.

(3.) Learned counsel for the petitioner would submit that order rejecting application under Order 7 Rule 11 of the CPC has no force of decree and is not appelable under any provision of Order 43 of the CPC. It was further submitted that an appeal under Order 43 Rule 1 (a) of the CPC lie from an order under Rule 10 of Order VII returning a plaint to be presented to the proper court and, therefore, the order impugned is unsustainable and bad in law, which is liable to be set aside. (4) On the other hand, counsel for respondents No. 1 to 3 would support the order impugned.