Itd Cementation India Limited v. Madhucon Projects Limited

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE P.KESHAVA RAO CI VI L REVI SI ON PETI TI ON NO.7122 OF 2018 ORDER: (per SK,J) This civil revision petition under Article 227 of the Constitution was preferred by the plaintiff in C.O.S.S.R.No.483 of 2018 on the file of the learned Judge, Commercial Court-cum-XXIV Additional Chief Judge, City Civil Court, Hyderabad, aggrieved by the rejection of the plaint under Order 7 Rule 11 CPC.

2.

We are of the opinion that the rejection order qualifies as a 'decree' in terms of the definition of 'decree' under Section 2(2) CPC. Further, as pointed out by the Supreme Court in RI SHABH CHAND JAI N V/ s. GI NESH CHANDRA JAI N1, such an order is appealable under Section 96 read with Order 41 CPC and would not be amenable to revisionary jurisdiction.

3.

Though the aforestated judgment related to exercise of revisionary power under Section 115 CPC, we are of the opinion that the same principle would ordinarily apply even to exercise of revisionary power under Article 227 of the Constitution. No exceptional circumstances are made out in the case on hand for deviating from this norm. 4.

The civil revision petition is accordingly dismissed on this short ground leaving it open to the petitioner to avail the effective alternative remedy provided to it in accordance with law. 5.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

________________ SANJAY KUMAR,J _______________ P.KESHAVA RAO,J Date:23.07.2019 GJ 1 (2016) 6 SCC 675