GAURAV SURANA Vs. HEM PRAKASH SURANA & ORS

JUDGEMENT

(1.) This appeal is sought to be preferred against an order passed on the appellant's application for a certain dispute or legal question to be heard as a preliminary issue.

(2.) The appellant suggests that the appeal would be maintainable against the order impugned under Clause 15 of the Letters Patent on the same grounds as an appeal would be maintainable against an order dismissing a petition for rejection of the plaint.

(3.) Though a previous view held the field for a long time that the dismissal of a petition for rejection of a plaint would not be a judgment within the meaning of Clause 15 of the Letters Patent, in view of the dictum in the judgment reported at (1981) 4 SCC 8 ( Shah Babulal Khimji vs. Jayaben D. Kania ), the dismissal of a petition under Order VII Rule 11 of the Code or one for the rejection of the plaint or for - as is the fashion in this Court - taking plaint off the file has to be regarded as a preliminary judgment and, as such, amenable to an appeal under Clause 15 of the Letters Patent.