ALTAF AHMAD HAKIM Vs. STATE OF J&K

JUDGEMENT

(1.) THIS revision petition calls in question order passed by ld. Addl. District Judge Baramulla dated 08/2007 in case titled Altaf Ah. Hakim plaintiff vs. State of J&K & Ors defendants, wherein and whereunder plaint has been rejected under Order 7 Rule 11 Code of Civil Procedure (CPC). The plaint has been rejected on the sole ground that the suit has been filed beyond the period prescribed by the Limitation Act. The order of rejection of plaint under Order 7 Rule 11(d) by a court of law constitutes decree in terms of section 2 (2) of CPC. A decree can be challenged by filing an appeal u/s 96 CPC read with Order 41 of CPC. In the present case, the petitioner however has challenged the said order by filing revision petition.

(2.) SECTION 115 of the CPC confers powers on the High Court to call for the record of any case and confers further powers on the High Court to make such orders as it thinks fit. The record of the trial court reveals that after passing of the order of rejecting the plaint under Order 7 Rule 11 CPC, no decree sheet has been framed.

(3.) AS nobody has appeared for the respondent and no objection has been taken about the maintainability of the revision petition, the question is left open for being considered and decided in an appropriate case where the said issue is raised and debated.