-1- 2025:CGHC:20167 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 33 of 2022 1 - Radhe Shyam Gupta S/o Late Bindeshwari Prasad Gupta Aged About 72 Years Occupation Advocate , R/o Samta Colony Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Vijay Kumar Gupta S/o Late Bindeshwari Prasad Gupta Aged About 57 Years Occupation Advocate , R/o Vivekanand Nagar, Gali No. 2, Dhamtari, District Dhamtari Chhattigsarh. 3 - Shobha D/o Late Bindeshwari Prasad Gupta Aged About 56 Years R/o C/o Gupta Medical Store Rajapara, Kanker District North Bastar Kanker Chhattisgarh. ... Petitioner(s) versus 1 - Shailesh Shrama, S/o Late Vyas Prasad Sharma Aged About 45 Years Occupation Businessman R/o Lattipara, Tahsil Kanker , District North Bastar Kanker Chhattisgarh. 2 - Radhe Krishna Gupta S/o Late Bindeshwari Prasad Gupta (Dead ) Legal Representatives Nill 2.1 - (A) Smt. Nina Gupta W/o Radhe Krishna Gupta Aged About 60 Years R/o Tahsilpara Tahsil Bhanupratappur District North Bastar Kanker Chhattisgarh. 2.2 - (B) Shrishti Gupta D/o Radhe Krishna Gupta Aged About 25 Years R/o Tahsilpara Tahsil Bhanupratappur District North Bastar Kanker Chhattisgarh. 3 - State Of Chhattisgarh Through Collector Kanker District North Bastar Kanker Chhattisgarh. Digitally signed by NADIM MOHLE -2- 4 - Kiran Gupta D/o Late Shri Bindeshwari Prasad Gupta Aged About 55 Years R/o Rajapara Kanker District Kanker Chhattisgarh. 5 - Asha Gupta D/o Late Shri Bindeshwari Prasad Gupta Aged About 52 Years R/o Rajapara Kanker District Kanker Chhattisgarh. 6 - Premlata Gupta D/o Late Shri Bindeshwari Prasad Gupta Aged About 55 Years R/o Rajapara Kanker District Kanker Chhattisgarh. 7 - Shakuntala Gupta D/o Late Shri Bindeshwari Prasad Gupta Aged About 55 Years R/o Rajapara Kanker District Kanker Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Dhaneshwar Yadav, Advocate, holding the brief of Mr. Nishant Kumar Sharma, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02.05.2025 1) The petitioners have filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to direct the First Appellate Court First A.D.J. Kanker Distt. N.B.Kanker C.G. that the appeal U.S. 96 of the CPC is maintainable against rejecting an application under 0.7 R.11(d) of the CPC. 10.2 That, during pendency of this writ petition the lower court First Civil Judge Class-I Kanker Distt. N.B. Kanker C.G. does not proceed further in Civil Suit No. 21A/2018 and stay the further proceeding. 10.3 That, any other relief which may deem fit may kindly also be granted in favour of the petitioner.” 2) Learned counsel for the petitioner submits that the learned Appellate Court committed an error of law in dismissing the appeal, as per the definition of -3- “decree” under Section 2(2) of the CPC rejection order of an application under Order 7 Rule 11 amounts to a decree. 3) It appears that the petitioners/defendants had filed an application under Order 7 Rule 11 of the CPC for rejection of the plaint, which was rejected by the learned Trial Court. Against that order, the defendants preferred a regular appeal under Section 96 of the CPC before the learned Appellate Court. The learned Appellate Court dismissed the appeal on the ground that the same was not maintainable. 4) From a bare reading of Section 2(2) of the CPC would make it clear that only when an application under Order 7 Rule 11 is allowed and the plaint is rejected, such an order amounts to a decree and is appealable under Section 96 of the CPC. 5) In the present case, the application under Order 7 Rule 11 was rejected, and the suit was permitted to proceed. Hence, such an order does not fall within the definition of a decree and is not appealable under Section 96 of the CPC. Therefore, the learned Court below has not committed any error of law in dismissing the appeal as not maintainable. Consequently, this petition is dismissed as being devoid of merit. 6) However, the petitioner shall be at liberty to take recourse to law, if so advised. Sd/- (Rakesh Mohan Pandey) Judge NADIM