Heard the learned counsel on either side.
2.The appellant herein has filed O.S.No.34 of 2015 on the file of VI Additional District Judge, Madurai. The defendant filed I.A.No.197 of 2015 under Order 7 Rule 11 of CPC for rejection of plaint. The said I.A was allowed on 11.12.2015 and the plaint came to be rejected. Rejection of plaint is a decree in terms of Section 2(2) of CPC. Therefore, only regular appeal under Section 96 of CPC will lie. But, this appeal has been filed only under Order 43 Rule 1 and 2 of CPC and not under Section 96 of CPC. Order 43 of CPC can be invoked only in the case of appealable orders. An order rejecting plaint is a decree. It is not an appealable order.
3.Therefore, this Civil Miscellaneous Appeal is dismissed as not maintainable. The appellant herein is at liberty to file regular appeal under Section 96 of CPC. No costs. Consequently, connected miscellaneous petitions are also dismissed.
To
1.The VI Additional District Judge, Madurai.
2.The Record Keeper, Madurai Bench of Madras High Court, Madurai.
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