A. JAWAHARLAL Vs. THAYAMMAL

JUDGEMENT

(1.) THE short question that arises for disposal in this case is "whether an appeal against an order dismissing an application filed under Order 7 Rule 11 C.P.C. praying for the rejection of plaint is maintainable -. The same is treated as the substantial question of law involved in this Second Appeal.

(2.) THE arguments advanced by Mr. D. Rajkumar, learned counsel appearing for the appellant and by Mr. S. Meenakshi Sundaram, learned counsel appearing for the respondent are heard. The relevant materials are also taken into consideration.

(3.) AFTER hearing both sides, the learned trial Judge (Principal District Munsif, Nagercoil) dismissed the said application by an order dated 13.02.2013. Challenging the said order, the respondent herein (defendant) preferred an appeal as A.S. No. 41 of 2013 on the file of the Additional Subordinate Judge, Nagercoil on the basis of her contention that the dismissal of the application filed under Order 7 Rule 11 C.P.C. would be deemed to be a decree.