This order dismissed a writ petition under Article 227 challenging the rejection of a plaint. The petitioner withdrew the petition with liberty to approach the District Court, as the rejection was a decree under Order 7 Rule 11 CPC.
Petition dismissed as withdrawn; liberty granted to file appeal before District Court.
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Sr.No. 03
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CM (M) No. 111/2022 CM No. 5848/2022
Mohd. Sadaq
….Petitioner/Appellant(s)
Through :- Mr. Ajaz Chowdhary, Advocate
V/s
Mir Hussain and Ors.
….Respondent(s)
Through :- Mr. Zulkar Nain Sheikh, Advocate
Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
04.11.2022
The petitioner has invoked supervisory jurisdiction of this Court vested under Article 227 of the Constitution of India to challenge the order dated 04.03.2022 passed by the court of Ld. Sub-Judge, Surankote (the trial court) in a suit titled Mohd. Sadaq Vs Mir Hussain and Ors whereby the trial court has rejected the plaint of the petitioner under Order 7 Rule 11 of the Code of Civil Procedure. The order passed by the trial court, rejecting the plaint under Order 7 Rule 11 CPC, is a decree in terms of sub-section 2 of Section 2 of the Code of Civil Procedure, therefore, appealable before the District Court.
Faced with the aforesaid position, Mr. Ajaz Chowdhary, learned counsel for the petitioner seeks withdrawal of this petition with liberty to avail the appropriate remedy in accordance with law. His statement is taken on record. Dismissed as withdrawn with liberty as prayed for.
(Sanjeev Kumar) Judge
Jammu: 04.11.2022 Neha-1
3 provisions across 2 enactments
Mohd. Sadaq
Mir Hussain
Sanjeev Kumar
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
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