Nadeem & 2 Others Vs Istyak & 3 Others
Code Of Civil Procedure, 1908 (CPC)
Section 2 - Definitions- In this Act, unless there is anything repugnant in the subject or context,-
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