CHAINROOP Vs. SUNDER LAL AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal relates to a suit for rendition of accounts filed in 1973 and not proceeded further since 1975, as a result of present proceedings arising out of rejection of plaint by the trial court for want of payment of court fee, which has been set aside by the learned single Judge vide order under appeal.

(3.) The principle question raised in this appeal is that where an order of rejection of a plaint is passed under s.11 [2] of the Rajasthan Court Fees & Suits Valuation Act, 1961 amounts to a decree within the meaning of s.2[2] of the Code of Civil Procedure, 1908 as the order passed under O.VII,r.11 Code of Civil Procedure can be termed a decree within that provision. The ancillary issue is that if it amounts to a decree under s.2[2] CPC, an appeal which has been filed without filing certified copy of the decree is incompetent or the case falls in the exceptional circumstances in which the appeal against the decree though filed without certified copy of the decree can be constituted as competent as per the ratio laid by the Supreme Court in Phoolchand Vs. Gopallal [AIR 1967 SC 1470] .