IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. FAO No. 61 of 2023 Decided on: 14.08.2026 ____________________________________________________ Shyam Lal Sharma ……….. appellant Versus Ramesh Kumar and another ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the appellant : Mr. Y.P, Sood, Advocate. For the respondents : Mr. Rajeev Sood, Advocate. ____________________________________________________ Bipin Chander Negi, Judge (oral) In the case at hand, the respondents herein were the plaintiffs before the trial Court. The plaint filed by the respondents herein before the trial Court had been rejected under Order VII Rule 11 of the CPC. Admittedly, such an order amounts to a decree under Section 2 Clause (2) of the CPC. Against the same, an appeal would lie. 2. The respondents herein, in accordance with the aforesaid settled position, preferred an appeal before the Court of the Additional District Judge (CJM Court, Shimla, H.P.). Therein, the 1st Appellate Court set aside the judgment and decree passed by the trial Court vide impugned judgment dated 29.11.2022. The judgment and decree of the 1st Appellate Court has been placed 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 on record at page 20 of the paper book. The decree passed has been placed on record at page 33. The impugned judgment has been challenged in a first appeal from order under Section 43(1)(u) of the CPC. 3. In my considered view, the judgment and decree passed by the 1st Appellate Court dated 29.11.2022 could have only been assailed by filing a Regular Second Appeal under Section 100 of the CPC. In this respect, reference can gainfully be made to the Apex Court judgment in 1973 (2) SCC 524, titled Shamsher Singh vs. Rajinder Prashad and others. 4. In view thereof, the present appeal is held to be not maintainable. The present appellant is at liberty to avail remedies available to him in accordance with law. Pending miscellaneous applications, if any, also stand disposed of. (Bipin Chander Negi) Judge 14th August, 2026 tarun