JUDGMENT :

Hon'ble Kshitij Shailendra,J.

1. Heard Sri Sharad Malviya, learned counsel for the appellants and perused the record.

2. The plaintiff-respondent is a Co-operative Housing Society and instituted a suit for declaration of a sale deed dated 07.09.2012 inter se defendant-appellants as null and void.

3. An issue with regard to the valuation of the suit and payment of court fee was framed by the trial court. It was decided against the plaintiff-respondent and it was directed to make good deficiency of court fees.

4. Sri Sharad Malviya, learned counsel submits that the plaintiff did not comply with the order of the trial court and, consequently, the plaint was rejected under Order 7 Rule 11(c) C.P.C. by order dated 21.08.2017. The said order amounts to a decree as per Section 2(2) C.P.C. and assailable under Section 96 of Civil Procedure Code. Civil Appeal was filed by the society through a different Secretary and it has been allowed by the impugned judgment dated 26.02.2024 only on the ground that the Secretary of the society had died on 17.08.2017 and, therefore, the trial court was not justified in rejecting the plaint without facilitating the procedure for substitution/due repr