Sanjay Kumar Jaglan v. Ajay Kumar And Another

CR-3667-2026

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH *** CR-3667-2026 Date of decision : 01.05.2026 Sanjay Kumar Jaglan ... Petitioner

Versus

Ajay Kumar and another ... Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr.U.K. AGnihotri, Advocate, Ms.Anshul Agnihotri, Advocate and Mr. Anuj Y. Attri, Advocate for the petitioner.

VIKAS BAHL, J.(ORAL) 1.

This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 17.03.2026 passed by the District Judge, Jind.

2.

Learned counsel for the petitioner has submitted that he be permitted to withdraw the present petition with liberty to file a second appeal against the impugned order as the trial Court by allowing the application under Order 7 Rule 11 CPC rejected the plaint and even a decree sheet was drawn which is apparent from pages 65 and 66 of the paper book and thereafter the order has been set aside and the matter has been remanded.

DAVINDER KUMAR 2026.05.01 16:45 I attest the accuracy and authenticity of this order / judgment

CR-3667-2026 3.

Section 2, Sub Section (2) of the Code of the Civil Procedure provides as under:- "(2)"decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within [* * *] section 144, but shall not include- (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default."

4.

It is highlighted that a perusal of the above would show that a decree would deem to include the rejection of plaint and in the present case at any rate, a decree sheet has also been drawn by the trial Court. 5.

In view of the above, the present petition is dismissed as withdrawn with the aforesaid liberty.

(VIKAS BAHL) JUDGE May 01, 2026.

Davinder Kumar Whether speaking / reasoned Yes/No Whether reportable Yes/No DAVINDER KUMAR 2026.05.01 16:45 I attest the accuracy and authenticity of this order / judgment