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TMI Blog2016 (1) TMI 1482X X X X Extracts X X X X X X X X Extracts X X X X ..... n 115 to consider the legality and sustainability of such orders because it has the effect of leading to a consequence for disposal of the suit. In the event a revision is entertained, then in appropriate case the revisional court may pass appropriate order directing the court below to correctly assess the fact by following the provisions of law, but since the effect of rejection of a plaint under Order 7, Rule 11(a) has the force of a decree, the revisional court should not pass an order rejecting a plaint while exercising jurisdiction under Section 115. This Court finds force in the submission of learned counsel for the petitioner to the extent that the Revisional Authority has a limited role in the matter of hearing on rejection of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso prayed for adjournment. In view of the repeated adjournment, this Court is not inclined to grant any further adjournment and the matter is decided only on merit. In assailing the impugned order passed by the Revisional Authority, learned counsel for the petitioner contended that in a matter for consideration of an application under Order 7 Rule 11 of C.P.C. on merit, the Revisional Court has a limited jurisdiction to consider the illegality involved in the impugned order and in the event, it feels that there is material in considering the application under Order 7 Rule 11 in a particular manner, it has no other option than to remit the matter back to the trial Court for taking up the application under Order 7 Rule 11 for passing a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rought in the year 2010 and the suit being of the year 2009, the Revision was very much maintainable. Heard. Considering the submissions made by the respective parties and on perusal of the decision as reported in 2004 (9) SC 512, this Court finds the observations of the Apex Court that in view of the provision available at that point of time and further considering the fact that refusal of rejection of a plaint is in a nature of a preliminary judgment, hence appealable. Looking to the amended provision contained in C.P.C. in the year 2010 in respect of the Section 115 of C.P.C. and since the decision referred to hereinabove, being of the year 2004, the same is not applicable to the present case and this Court finds that the revision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . I, Vol. 33(1991) OJC 228 (Civil). Looking to the settled position of law already given by this Court as referred to herein above, this Court finds force in the submission of learned counsel for the petitioner to the extent that the Revisional Authority has a limited role in the matter of hearing on rejection of an application under Order 7 Rule 11 of C.P.C. and in the event, it feels that there is some substance in considering the application under Order 7 Rule 11 of C.P.C., then the Revisional Authority is to remit the matter back to the Original Authority for fresh consideration of the matter. Considering the submissions made by the respective parties and looking to the settled position by this Court in a decision as reported (sup ..... X X X X Extracts X X X X X X X X Extracts X X X X
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