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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


Advocates:
For the Appellants/Petitioners: [Not mentioned]
For the Respondents: [Not mentioned]

Table of Content
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.

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