What is not a decree?
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What is not a decree?
An order rejecting the application of a poor plaintiff to waive the court costs is not a decree because it does not determine the right of the party in regards to the matters alleged in the suit. Dismissing a suit for default in appearance of the plaintiff is not a decree.
Why rejection of plaint is a decree?
a decision rightly or wrongly given was an order of rejection of a plaint and an order of rejection of a plaint is a decree as defined in Section. 2 of the Code. If the plaintiff felt aggrieved by this order his remedy lay either by an application under O 47, R (1) or by filing an appeal against it.
When can plaint be rejected?
Provisions for Rejection of plaint The plaint is rejected if the plaintiff fails to do. Furthermore, Order VII Rule 11(f) states that if a plaintiff does not comply with Order VII Rule 9 of the Code, the plaint can be rejected. Rule 9 Order VII of the Code specifies the procedure after the admission of the plaint.
In what cases plaint can be rejected by a court?
If it is brought to the knowledge of the court, that the valuation of the suit if fabricated or baseless, the court can order the plaintiff to re-evaluate the amount and may allow sufficient time for the correction. Subsequently, the plaint can be rejected if the plaintiff fails to abide by.
What is order 7cpc?
Plaint is defined in order 7 of CPC. Rules 1to8 of order relate to particulars in a plaint. Whereas rules 10 to 10-B provide for the return of plaint, and appearance of parties, rules 11 to 13 deal with rejection of plaint. Rules 14 to 17 contain provisions for the production of documents.
What is a plaint in law?
a statement in writing of grounds of complaint made to a court of law and asking for redress of the grievance. The exhibiting of any action, real or personal, in writing; the party making his plaint is called the plaintiff. …
What is suit in CPC?
The term suit is not defined under the in the C.P.C. but by various decisions it can be said that “Suit ordinarily means a civil proceedings instituted by presentation of a plaint. Civil suit is the institution of litigation for enforcement of civil rights (or substantive rights, it may be against state or individual).
