Nadeem & 2 Others Vs Istyak & 3 Others

Allahabad High Court (Single Judge)

MATTERS UNDER ARTICLE 227, 3640 of 2015, Judgment Date: Jul 24, 2015

Case :- MATTERS UNDER ARTICLE 227 No. - 3640 of 2015
Petitioner :- Nadeem & 2 Others
Respondent :- Istyak & 3 Others
Counsel for Petitioner :- Ram Kirti Singh
Hon'ble Manoj Kumar Gupta,J.
The order under challenge dated 27 January 2015 has been passed by
the Civil Judge (Jr. Div.), Ghaziabad, rejecting the plaint under Order 7,
Rule 11 CPC.
An order rejecting the plaint under Order 7, Rule 11 CPC amounts to a
decree within the meaning of section 2(2) CPC. In such view of the
matter, the petitioners have the remedy of filing appeal against the
impugned decree, therefore, this Court declines to entertain this petition
under Article 227 of the Constitution of India.
The petition is accordingly dismissed with liberty reserved in favour of
the petitioners to avail the alternative remedy.
(Manoj Kumar Gupta, J.)
Order Date :- 24.7.2015