Revision challenged an order on a rejection-of-plaint application under Order 11 Rule 7 CPC. The High Court held that rejection of plaint is a decree under section 2(4) CPC, so the remedy is a regular first appeal; the revision was dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY ,THE THIRTEENTH DAY OF SEPTEMBEF^j^^^^j. TWO THOUSAND AND TWENTY FOUR
o h 'V.3
PRESENT o
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CRP No. 1433 OF 2014
Civil Revision Petition is filed under Section 115 of CPC being aggrieved by the order dated; 9/5/2014 in IA.No.107of2014inO.S.No.19 of 2014 passed by the Hon'ble of Principal Junior CivilJudge,Vijayawada.
Between:
Mohammad Khaleel, S/o Md.Kalesha, Doing business underthename and style M.K.Tent House at Idgah Mohalla, Chittinagar Centre, Vijayawada.
...Petitioner/Respondent/Plaintiff
AND
...Respondents/Petitioners/Defendants
I.A. NO: 1 OF 2014(CRPMP. NO: 2004 OF 2014^
Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation and effect of orders dated. 9/5/2014 passed by the Hon'ble Principal Junior Civil Judge Vijayawada in IA.No.107 of 2014 in O.S.No.19 of 2014 pending disposal of the Civil Revision Petition.
Counsel for the Petitioner: DR RADHA KRISHNA MURTHY YARLAGADDA
Counsel for the Respondents:
The Court made the following: ORDER
APHC010597552014
[3460]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
FRIDAY ,THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL REVISION PETITION NO: 1433/2014
Between:
Mohammad Khaleel ...PETITIONER
AND
Idgah Mohalla and Others
...RESPOI^DENT(S)
Counsel for the Petitioner:
The Court made the following:
s \
r
HON’BLE SRI JUSTICE NYAPATHY VIJAY
C.R.P.No.1433 of 2014
ORDER:
This revision is filed questioning the order dated 09.05.2014 in I.A.No.107 of 2014 filed under Order 11 Rule 7 C.P.C., seeking rejection of the plaint.
- Since rejection of plaint comes within the definition of decree under section 2(4) of C.P.C., a regular first appeal should be maintained and the civil revision petition is not maintainable.
- The civil revision petition is, therefore, dismissedforwant of maintainability. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
SD/- B CHITTI JOSEPH ASSISTANT REGISTRAR
\
/14
//TRUE COPY//
SECTION OFFICER
To,
Trt vna
HIGH COURT DATED;13/09/2024
ORDER
CRP.No.1433 of 2014
DISMISSING THE CRP FOR WANT OF MAINTAINABILITY WITHOUT COSTS
1 issue framed by the court
Whether a civil revision petition is maintainable against an order rejecting a plaint under Order 11 Rule 7 CPC.
4 provisions across 2 enactments
Mohammad Khaleel
Idgah Mohalla
Shaik Asgar Ali
Nyapathy Vijay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
