Civil Procedure Code, 1908, Section 96, Order 7, Rule 11 -- Rejection of plaint - Judgment rejecting a plaint is `decree' and is appealable u/s 96 CPC - Miscellaneous appeal u/s 104 r/w O.43.R.1 CPC is barred...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Definition - Consists of three parts - Main, inclusionary and exclusionary part - Main part is explanatory in nature and defines `decree' as formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy - Inclusionary part expressly..........
Civil Procedure Code, 1908, Order 41 -- Scope - Rules in O.41 govern procedural and substantive aspects of adjudication of appeals from original decrees...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10-A -- Return of plaint - Court may return plaint for presentation before proper Court at any stage of suit, even at the stage of appeal or revision - Court when follows the procedure U.O.7.R.10-A CPC for return of plaint then such an order is not appealable - No C.M.A. lies...........
Civil Procedure Code, 1908, Order 7, Rule 11, 12 -- Rejection of plaint - Court at the time of assuming jurisdiction can reject plaint for curable defects when not rectified or due to non curable defects - O.7.R.11(b), (c), (e), and (f) are curable defects - O.7.R.11(a) and (d) are defects when plaint does not disclose cause of action or suit is barred by any law - By..........
Civil Procedure Code, 1908, Section 96 -- Appeal - No distinction between a judgment dismissing suit after full trial or order of Court rejecting plaint for any curable or non curable defects U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 13 -- Rejection of plaint - Does not preclude plaintiff from presenting fresh plaint in respect of same cause of action subject to law of limitation, doctrine of ouster of jurisdiction or doctrine of res judicata...........
