Remedies available to plaintiff when plaint is rejected or suit is dismissed in part

Order of rejection of plaint or dismissal of suit in part

62. When a plaint is rejected in part or a suit is dismissed 

in part, two options are left for the plaintiff, viz. (a) to wait till the 

final decision in the suit and then to challenge such decision by 

exercising a statutory right of appeal against the findings of fact 

and law both; or (b) to invoke discretionary and more restricted 

jurisdiction of the High Court under Article 226 or 227 of the 

Constitution of India, as the remedy of revision under Section 115 

of CPC may not be available. While exercising the jurisdiction 

under Article 226 or 227 of the Constitution of India, the High 

Court will normally proceed upon the conspectus of facts 

determining the questions of law and it may foreclose a statutory 

right to file a regular civil appeal challenging the decision on facts 

causing a prejudice to a party against whom a decision shall be 

rendered by the High Court. Once the jurisdiction of the High 

Court under Article 226 or 227 of the Constitution of India is 

rendered on merits of the case, then the remedy of assailing such


an interlocutory order in a challenge to a decree by way of first 

appeal or second appeal is lost by both the parties to the suit.

Order rejecting application under Order VII, Rule 11(a) of 

CPC for rejection of plaint

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.722 OF 2013
WITH
WRIT PETITION NO.5775 OF 2012
AND
CIVIL REVISION APPLICATION NO.482 OF 2012
WRIT PETITION NO.722 OF 2013

Walchandnagar Industries Limited,

Versus
1. Indraprastha Developers,

Date of Pronouncing the Judgment : 25-9-2013
Citation;2014(2) ALLMR 550

Link to the judgement is : http://bit.ly/1i4ougF