Appeal against rejection of plaint Order 7 Rule 11 a and d Rw Sec 151 of CPC
6 months ago
Suit OS 41/2022, were dismissed during April 2023 under Order 7 Rule 11(a) & (d) R/w Sec 151 of CPC.
Now same plaintiff after 4 months, filed the regular appeal – RA 87/2023 under section 96 read with 41 of cpc with following ground,
1. Trial court has considered the respondent application file under order 7 rule 11 (a) and (d)
Question.
1. Whether this case is maintainable?
2. On what ground respondents need to contest.
3. Is Appeal option is possible against the rejection of plaint under Order 7 Rule 11(a) & (d) R/w Sec 151 of CPC
A.Dear Client,
An order dismissing or rejecting a plaint made under Order VII Rule 11(a) & (d) R/w Sec 151 of CPC can be challenged by means of filing an appeal under Section 96 r/w Order 41 of the Civil Procedure Code 1908 as the first appeal from order (FAFO). An order passed under Order 7 Rule 11 of the CPC is considered to be a decree by legal interpretation, making it appealable under Section 96 read with Order 41 of the CPC. As per the Limitation Act, an appeal against a decree or order must be brought before the High Court within ninety days and before any other court within thirty days from the date of the appeal against the decree or order. The provisions of section 151 of the Code contain the Legislative recognition of the powers of every Civil Court to pass necessary orders to subserve the ends of justice and to prevent the abuse of the process of the Court in cases coming before it. These powers are not conferred on the Court but are inherent in every Civil Court. As stated by you the appeal is filed four months after the date of order of dismissal of suit. So, when the appeal is filed beyond the period of limitation i.e, more than 30 days, you may make a preliminary objection before the Court stating that the appeal is barred by limitation even before the High Court to defend the case apart from other grounds based on merit. Consult with an experienced Advocate for further guidance and need-based steps.
An order dismissing or rejecting a plaint made under Order VII Rule 11(a) & (d) R/w Sec 151 of CPC can be challenged by means of filing an appeal under Section 96 r/w Order 41 of the Civil Procedure Code 1908 as the first appeal from order (FAFO). An order passed under Order 7 Rule 11 of the CPC is considered to be a decree by legal interpretation, making it appealable under Section 96 read with Order 41 of the CPC. As per the Limitation Act, an appeal against a decree or order must be brought before the High Court within ninety days and before any other court within thirty days from the date of the appeal against the decree or order. The provisions of section 151 of the Code contain the Legislative recognition of the powers of every Civil Court to pass necessary orders to subserve the ends of justice and to prevent the abuse of the process of the Court in cases coming before it. These powers are not conferred on the Court but are inherent in every Civil Court. As stated by you the appeal is filed four months after the date of order of dismissal of suit. So, when the appeal is filed beyond the period of limitation i.e, more than 30 days, you may make a preliminary objection before the Court stating that the appeal is barred by limitation even before the High Court to defend the case apart from other grounds based on merit. Consult with an experienced Advocate for further guidance and need-based steps.
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A.Dear Client,
1. Maintainability of the Appeal (RA 87/2023)
Whether the appeal is maintainable or not would depend on various factors, but generally, an appeal can be filed against an order passed by the Trial Court. In your case, the Trial Court had dismissed the suit under Order 7 Rule 11(a) & (d) of the Code of Civil Procedure (CPC) and Section 151 of CPC. Section 96 of CPC allows for the filing of appeals against decrees passed by a court.
However, if the Trial Court's order falls within the category of interlocutory orders (orders that do not finally determine the rights of the parties), it may not be directly appealable under Section 96. Instead, you may need to file a separate application under Section 115 of CPC for revision or pursue other appropriate legal remedies.
Whether the appeal is maintainable will depend on the specifics of your case, the nature of the order, and the grounds for the appeal. A lawyer can provide you with more specific guidance after examining the details of your case.
2. Grounds for Respondents to Contest the Appeal
If the plaintiff has filed an appeal (RA 87/2023), the respondents (defendants) have the right to contest it. The grounds on which the respondents can contest the appeal may include:
a. Challenging the validity of the appeal itself, such as arguing that it is not maintainable due to procedural issues. b. Contesting the merits of the case by arguing that the Trial Court's order under Order 7 Rule 11(a) & (d) was correct, and there were valid reasons for dismissing the suit.
c. Presenting any additional legal or factual arguments against the appeal.
It's essential for the respondents to be represented by legal counsel who can assess the appeal grounds and build a strong defense.
3. Appeal against Rejection of Plaint under Order 7 Rule 11(a) & (d) R/w Sec 151 of CPC
An appeal is generally possible against orders that have a substantial impact on the rights of the parties. If the Trial Court rejected the plaintiff's suit under Order 7 Rule 11(a) & (d) and Section 151 of CPC, and this order is considered to be a decree or a final order, then the plaintiff may file an appeal against it under Section 96 of CPC.
However, as mentioned earlier, whether the appeal is maintainable depends on the specific details of the case, and it's essential to consult with a qualified lawyer who can provide guidance based on the specific circumstances and the nature of the Trial Court's order.
1. Maintainability of the Appeal (RA 87/2023)
Whether the appeal is maintainable or not would depend on various factors, but generally, an appeal can be filed against an order passed by the Trial Court. In your case, the Trial Court had dismissed the suit under Order 7 Rule 11(a) & (d) of the Code of Civil Procedure (CPC) and Section 151 of CPC. Section 96 of CPC allows for the filing of appeals against decrees passed by a court.
However, if the Trial Court's order falls within the category of interlocutory orders (orders that do not finally determine the rights of the parties), it may not be directly appealable under Section 96. Instead, you may need to file a separate application under Section 115 of CPC for revision or pursue other appropriate legal remedies.
Whether the appeal is maintainable will depend on the specifics of your case, the nature of the order, and the grounds for the appeal. A lawyer can provide you with more specific guidance after examining the details of your case.
2. Grounds for Respondents to Contest the Appeal
If the plaintiff has filed an appeal (RA 87/2023), the respondents (defendants) have the right to contest it. The grounds on which the respondents can contest the appeal may include:
a. Challenging the validity of the appeal itself, such as arguing that it is not maintainable due to procedural issues. b. Contesting the merits of the case by arguing that the Trial Court's order under Order 7 Rule 11(a) & (d) was correct, and there were valid reasons for dismissing the suit.
c. Presenting any additional legal or factual arguments against the appeal.
It's essential for the respondents to be represented by legal counsel who can assess the appeal grounds and build a strong defense.
3. Appeal against Rejection of Plaint under Order 7 Rule 11(a) & (d) R/w Sec 151 of CPC
An appeal is generally possible against orders that have a substantial impact on the rights of the parties. If the Trial Court rejected the plaintiff's suit under Order 7 Rule 11(a) & (d) and Section 151 of CPC, and this order is considered to be a decree or a final order, then the plaintiff may file an appeal against it under Section 96 of CPC.
However, as mentioned earlier, whether the appeal is maintainable depends on the specific details of the case, and it's essential to consult with a qualified lawyer who can provide guidance based on the specific circumstances and the nature of the Trial Court's order.
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