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2019 (10) TMI 1285

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..... d only on the ground that the appeal has been disposed of on merits. We are unable to agree with the High Court. What has been disposed of is only the rejection order under Order VII Rule 10 of the Code of Civil Procedure. This is no order on the merits of the suit. The effect is that the plaint has been ordered to be returned to be filed in the appropriate Court. Therefore, the petitioner was ent .....

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..... aint was directed as against dismissal of the suit as ordered earlier. Signature Not Verified Digitally signed by ARJUN BISHT Date: 2019.10.26 The appeal filed by the petitioner was dismissed. However, the 12:56:31 IST Reason: plaint was ordered to be returned with liberty to file it before the court of competent jurisdiction. Thereafter, the petitioner filed an application for refund of the co .....

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