SHRIVATSA GOSWAMI Vs. ANANT PRASAD SINGH

JUDGEMENT

(1.) A seminal question has arisen as regards the legal remedy available against an order passed in an appeal arising out of an order of rejection of plaint passed under Order VII Rule 11 of the Civil Procedure Code, 1908[the Code].

(2.) It has been pointed out that there is considerable obfuscation on the issue with no clear enunciation of law on the point.

(3.) Heard Sri Tarun Agrawal, learned counsel for the appellant and Sri Rahul Sripat, learned Senior Counsel appearing along with Sri Ishir Sripat for the respondents. Sri Ajay Kumar Singh, learned counsel has also been heard.