CHIDANAND ASHRAM (SWAMIJI VADI) Vs. MAFATLAL FATECHAND SHAH

JUDGEMENT

(1.) THOUGH this matter is listed for admission, with the consent of the parties, we have taken up the same for final disposal at the admission stage. We have heard Mr. Ravish Bhatt, learned Counsel appearing for the appellant and Ms." K. J. Brahmbhatt, learned Counsel appearing for the respondent.

(2.) THIS Letters Patent Appeal has been filed challenging the order of the learned Single Judge dated 25 -2 -2011 passed in Special Civil Application No. 13531 of 2009 filed by the appellant which has been dismissed on the ground that the petitioner has a remedy of filing a Second Appeal and writ petition was not maintainable.

(3.) BRIEF facts are that the appellant -plaintiff filed Regular Civil Suit No. 26 of 2008 before Principal Civil Judge, Borsad, for permanent injunction. The respondent -defendant filed an application in the suit under Order 7, Rule 11 of Civil Procedure Code for rejection of the plaint on the ground that the suit was not maintainable. The trial Court rejected the application for rejecting the plaint filed by the respondent under Order 7, Rule 11 of Civil Decided on 14 -3 -2012. Letters Patent Appeal No. 569 of 2011 in Special Civil Application No. 13531 of 2009 with Civil Appli. No. 4098 of 2011 in L.P.A. No. 569 of 2011. Procedure Code on 5 -1 -2009. The respondent filed Regular Civil Appeal No. 10 of 2009 before the learned District and Sessions Judge, Anand under Sec. 96 of Civil Procedure Code. The District Judge allowed the Appeal and set aside the order dated 5 -1 -2009 passed by the trial Court and rejected the plaint under Order 7, Rule 11 of Civil Procedure Code. The appellant challenged the order passed by the District Judge, Anand dated 31 -7 -2009 by filing Special Civil Application No. 13531 of 2009 on the ground that the order rejecting the application under Order 7, Rule 7 of Civil Procedure Code did not amount to a decree, therefore, the Appeal filed by the respondent before the District Judge, Anand was not maintainable under Sec. 96 of Civil Procedure Code.