LAWS(MAD)-2016-7-26

R. BABU Vs. K. KUMAR

Decided On July 15, 2016
R. BABU Appellant
V/S
K. Kumar Respondents

JUDGEMENT

(1.) Challenging the rejection of Plaint under Order 7 Rule 11(d) of Civil Procedure Code, the plaintiff has filed the above Civil Revision Petition.

(2.) The plaintiff filed an unnumbered suit on the file of the Subordinate Court, Chidambaram for specific performance. The trial Court rejected the plaint under Order 7 Rule 11(d) CPC. Aggrieved over the same, the plaintiff has filed the above Civil Revision Petition.

(3.) In view of the order passed by the Division Bench of this Court in CRP (PD) Nos. 1211 of 2013 etc., batch, dated 28.8.2014, the Civil Revision Petition filed as against the rejection of plaint under Order 7 Rule 11 CPC is not maintainable. The Division Bench of this court held that if a Court of Law passes an order for rejection of plaint under Order 7, Rule 11 of CPC, it has the force of 'Decree' and therefore, regular 'Appeal' lies under Civil Procedure Code and in fact, no 'Revision ' would lie. In view of the order of the Division Bench of this Court, the present Civil Revision Petition is liable to be rejected.