ANITA KUMARI GUPTA Vs. LATE VED BHUSHAN

JUDGEMENT

(1.) The appeal impugns the order dated 9th July, 2013, of the learned Single Judge in CS(OS) No.1093/2011 filed by the appellant/plaintiff, allowing the application of the respondents/defendants under Order VII Rule 11 of the Civil Procedure Code (CPC), 1908 and rejecting the plaint as not disclosing any cause of action.

(2.) The appeal was admitted for hearing and the parties directed to maintain status quo with regard to the title and possession of "the suit property". Attempts to have the dispute settled amicably did not fructify. We have heard the counsels for the parties.

(3.) We have at the outset enquired from the counsel for the appellant/plaintiff, as to how the present appeal with the nomenclature of "FAO? i.e. First Appeal against Order is maintainable. Attention of the counsel is invited to the definition of a "decree? under Section 2(2) of the CPC and which is deemed to include rejection of the plaint. It has thus been enquired, whether not the remedy of the appellant/plaintiff is by way of a Regular First Appeal i.e. RFA against such a decree.