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2025 Supreme(Online)(Kar) 9715
KARNATAKA HIGH COURT
Unknown, J
BHAVIN TOLIA – Appellant
Versus
M/S CENTRAL RESTAURANT AND CAFE – Respondent
Civil Appeal | 96 of CPC
For the Appellants/Petitioners: [Not mentioned]
For the Respondents: [Not mentioned]
An appeal under Section 96 CPC is not maintainable when the plaint is returned under Order 7 Rule 10, but the appellant may seek remedy under Order 43 Rule 1A.
Headnote:This appeal arises under Section 96 of the Civil Procedure Code, challenging an order dated 14.03.2025, where the learned Judge exercised power under Order 7 Rule 10. The Judge determined that the plaint should be returned, rendering the appeal not maintainable, but allowed the appellant to seek remedy under Order 43 Rule 1A. The issues framed included the maintainability of the appeal and the application of relevant procedural rules. The court reasoned that the appeal was not maintainable based on the provisions of CPC. The final decision dismissed the appeal as not maintainable, allowing the appellant to file a subsequent appeal within two weeks.
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| 1. the court found the appeal not maintainable. (Para 2) |
ORAL JUDGMENT
The captioned appeal is filed by the appellant -
plaintiff under Section 96 of Civil Procedure Code (for short ' CPC ') challenging the order dated 14.03.2025 passed on I.A.No.2/2024 by the learned Judge by exercising power under Order 7 Rule 10 of CPC .
2. Though the defendants sought for rejection of the plaint under Order 7 Rule 11 of CPC ., the learned Judge found that the plaint needs to be returned by exercising power under Order 7 Rule 10 of CPC ., which is appelable under Order 43 Rule 1A of CPC ., therefore, the appeal is not maintainable.
Accordingly, the appeal is dismissed as not maintainable reserving liberty to the appellant to avail remedy of appeal under Order 43 Rule 1A of CPC ., If Appeal is filed within a period of two weeks, the appellant - plaintiff is entitled for the benefit under Section 14 of the Limitation Act.
The interim order granted by this Court shall remain in force for a period of two weeks.
