This order holds that rejection of a plaint constitutes a decree under CPC and is appealable. The original petition was dismissed, without prejudice to the right of appeal.
Original petition dismissed, with right to appeal reserved.
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 KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 6TH DAY OF SEPTEMBER 2012/15TH BHADRA 1934
OP(C).No. 2864 of 2012 (O)
.OS.113/2010 of MUNSIFF COURT, CHITTUR
PETITIONER(S):
SRI. A. NAKULAN, S/O.APPUKUTTAN, AGED 62 YEARS RESIDING AT THANDANARKALAM ANAMARI POST KOLLENGODE, PALAKKAD DISTRICT.
BY ADV. SRI.P.R.VENKETESH
RESPONDENT(S):
SOUTH MALABAR GRAMIN BANK REPRESENTED BY ITS BRANCH MANAGER TATTAMANGALAM BRANCH PALAKKAD DISTRICT.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 2864/2012
APPENDIX
PETITIONER(S) EXHIBITS
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
OP(C) NO. 2864 OF 2012
Dated this the 6th day of September, 2012
JUDGMENT
The court below has by the order impugned rejected the plaint on the ground that it does not disclose a cause of action. The definition of 'decree' under Section 2 (2) of the Code of Civil Procedure includes also the rejection of the plaint. It necessarily follows that the order impugned is very much appealable.
The Original Petition is dismissed without prejudice to the right of the petitioner to file an appeal if so advised.
V. CHITAMBARESH JUDGE
ncd
2 issues framed by the court
Whether rejection of plaint constitutes a decree under Section 2(2) CPC and is appealable.
Whether the order rejecting the plaint for non-disclosure of cause of action is appealable.
1 provisions across 1 enactments
Sri. A. Nakulan
South Malabar Gramin Bank
V. Chitambareth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
