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HIGH COURT OF MADRAS
S.SOUNTHAR, J
T.Kumar – Appellant
Versus
Pavai Varam Educational Trust – Respondent
| Table of Content |
|---|
| 1. petitioner's claim on plaint rejection. (Para 1 , 2) |
| 2. definition of decree under cpc. (Para 3 , 4 , 5 , 6 , 7) |
| 3. reference to prior judicial findings. (Para 8) |
| 4. decision on maintaining appeal route. (Para 9 , 10) |
ORDER
Aggrieved by an order rejecting the plaint in unnumbered O.S.No. .... of
2022 on the file of the learned Principal District Judge, Namakkal, the petitioner/plaintiff has come up by way of this revision.
2. The petitioner herein filed a suit seeking specific performance of the Contract dated 25.04.2016 against the respondent in unnumbered O.S.No. .... of 2022. The Court below by impugned order rejected the plaint on the ground that the petition filed by the petitioner seeking permission of the Court to sell the property was already dismissed by the Court and also on the ground of limitation. Aggrieved by the same, the petitioner/plaintiff is before this Court.
3. As per the definition of the expression “decree” in the Code of Civil Procedure , an order rejecting the plaint is a deemed decree. It would be useful to refer the definition of the expression decree in the Code of Civil Procedure which reads as follows:-
“(2) "decree" means the formal expr
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