Bombay High Court

BHIMRAO SHANKAR PATIL DATTATRAYA PANDURANG KUMBHAR AND ORS.versusANUBAI PANDURANG GHOLAP AND ORS.

Disposal: Dismissed

Holding

The rejection of an application under Order VII Rule 11 is a decree within the meaning of Section 2 CPC and is appealable under Section 96 CPC.

Summary

Petitioners Bhimrao Shankar Patil et al filed a writ petition challenging the trial court’s order rejecting their application under Order VII Rule 11 of the CPC. The trial court had held that such rejection amounted to a decree under Section 2 of the CPC. The petitioners contended that the order was not a decree and therefore not appealable. The High Court examined the statutory provision that a rejection of an application under Order VII Rule 11 is deemed a decree. It held that the order indeed constitutes a decree and is appealable under Section 96 of the CPC. Consequently, the writ petition was dismissed, but the petitioners were granted liberty to file an appeal against the decree.

Issues considered

Does the rejection of an application under Order VII Rule 11 of the CPC amount to a decree under Section 2 of the CPC?
Is an appeal permissible against such a decree under Section 96 of the CPC?

Legislation cited

Code of Civil Procedure, 1908 — s. 2, 96

Subjects

Civil Procedure
Decree
Appeal
Order VII Rule 11
Section 2 CPC
Section 96 CPC
Writ Petition

Judgment

                                                        97-WP-4559-2026 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                        CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO. 4559 OF 2026

Bhimrao Shankar Patil Dattatraya Pandurang
Kumbhar And Ors.                                                    ...Petitioners
     Versus
Anubai Pandurang Gholap And Ors.                                  ...Respondents

                            …..
Adv. Shivprasad Gaikwad i/b Adv. Umesh Pawar, Advocate for
Petitioners.
                            …..


                                       CORAM : SHAILESH P. BRAHME, J.

                                       DATE      : 15th SEPTEMBER, 2026.

P.C. :

           The rejection of application preferred under Order VII Rule 11 of

the Code of Civil Procedure, 1908, amounts to decree as per Section 2

of CPC. The order is susceptible to appeal to be preferred under Section

96 of CPC.

2.         The writ petition is dismissed with liberty to prefer appeal.



                                                 [ SHAILESH P. BRAHME, J.]




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