All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

Practice Mode:
50.

Under S.2 (2) of C.PC. Rejection of a plant is

A: Decree
B: Deemed decree
C: Cross decree
D: Cross appeal

The answer is: B

Explanation

The correct option is B: Deemed decree.

According to Section 2(2) of the Civil Procedure Code, 1908, a decree means "the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default."

Therefore, rejection of a plaint is deemed to be a decree under Section 2(2) of the CPC, and it brings an end to the lawsuit. However, the same may be appealed under Section 96 of the Code. Further, even if a plaint is rejected on any grounds stated under Order 7 Rule 11, the plaintiff can file a fresh plaint in respect of the same cause of action, as per Rule 13 of Order 7 of the Code.