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Revision or Appeal on Dismissal of Order-7, Rule-11 CPC Application?


20-Oct-2023 (In Civil Law)
My application under Order 7 Rule 11 CPC, has been dismissed by ADJ Tis Hazari Delhi. I have been advised to go for the Revision Petition. But now I found many Supreme Court and High Court Judgements in which Revision petitions were not filed, but Appeals were filed. These matters have been judged by these Courts without any objection upon maintainability. Now I am again confused, whether to file CRP (Civil revision Petition) or an Appeal? Plz respond sir..... https://indiankanoon.org/doc/193563076/ https://indiankanoon.org/doc/197405031/ https://indiankanoon.org/doc/36489526/ https://indiankanoon.org/doc/44671740/
Answers (2)

Answer #1
913 votes
Yes, review procedure by itself is not essential by the civil procedure code. Appeal can be filed once the statutory period of limitation expires. Therefore, in my advise you can file appeal. But, Good legal assistance is highly recommended.
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Is order 7 rule 11 CPC appealable?

The Apex Court ruled that the Karnataka High Court had misapplied well-established principles in Order VII Rule 11 CPC. The Apex Court ruled that the High Courts decision to reject the plaint partially was also illegal. The Apex Court allowed the appeal. 31 Oct 2023

Which appeal lies against rejection of plaint?

An appeal for a miscellaneous matter against a decision rejecting a plaint would be illegitimate. 25. ... The order of the Trial Court dismissing the plaint, is therefore subject to first appeal under section 96 of CPC. ... the plaint is rejected, the appeal would be under Section 96 CPC alone and the revision cannot be maintained.

What is the remedy against dismissal of application of order 7 rule 11?

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Answer #2
263 votes
Order 7 Rule 11 provides an independent and specific remedy. The court can dismiss a lawsuit at the threshold without recording evidence and conduct a trial on the basis evidence presented, if they are satisfied that it should be ended on one of the grounds...
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Comments by Users

UCHIT BHANDARI , Advocate
Civil Revision will lie against dismissal of Application U/Or. VII Rule 11 C.P.C.

Adv Pervaiz Soomro
If 7/11 allowed then plaintiff will go for appeal file within statutory time period If 7/11 dismissed then defandant will go for revision file within statutory time period

vilakshan singh
if the application filed under Order7 Rule 11 is allowed and the plaint is rejected, APPEAL is the remedy. But if the application filed under O.7 R.11 is dismissed, REVISION is the remedy.

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