VidhiSangh

Supreme Court of India · 20/07/2021

SAYYED AYAZ ALI versus PRAKASH G GOYAL & ORS.

[2021] 6 S.C.R. 661 · 2021 INSC 342

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Summary

Rejection of a plaint is a decree challengeable by a first appeal under Section 96 CPC. The Court therefore upheld dismissal of the plaintiff’s writ petition while preserving the appropriate appellate remedy. It also upheld the defendants’ revision: after rejecting the plaint under Order VII Rule 11(d), the trial court could not use that rule’s proviso to grant time to amend the reliefs. The proviso concerns correction of valuation or deficient court-fee paper under clauses (b) and (c).

Issues

  1. Whether a writ petition was the proper remedy against rejection of the plaint.
  2. Whether the proviso to Order VII Rule 11 permitted time to amend reliefs after rejection under clause (d).

Provisions considered

Held

Result

Appeals disposed of; High Court’s allowance of the defendants’ revision and dismissal of the plaintiff’s writ petition affirmed, with liberty to pursue the CPC remedy against rejection.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 661.