JUDGMENT :

(Kshitij Shailendra, J.)

Supplementary-affidavit filed today is taken on record.

2. Heard Sri Rahul Sahai, learned counsel for the plaintiff-appellant and Sri Anoop Trivedi, learned Senior Counsel, assisted by Sri Nipun Singh, learned counsel for the defendant-respondent.

3. Since the appeal arises out of rejection of plaint under Order 7 Rule 11 CPC, only plaint averments and some documents forming part of plaint are relevant for deciding the matter and, hence, with the consent of learned counsel for the parties, without summoning the record of trial Court, the instant appeal is being finally decided as necessary material has been appended alongwith the stay application as well as supplementary-affidavit filed today.

4. The plaintiff-appellant is aggrieved by the impugned order dated 10.11.2023, whereby learned Civil Judge (Senior Division)/F.T.C., Muzaffar Nagar has rejected the plaint of Original Suit No. 439 of 2018 (Naveen Chand Jain v. Manav Sharma) under Order 7 Rule 11 CPC. The said order amounts to ''decree'' under Section 2(2) CPC. Hence, this appeal under Section 96 CPC.

5. Brief facts giving rise to the instant appeal are that the plaintiff-appellant filed the afo