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2016 (1) TMI 1482 - ORISSA HIGH COURTJurisdiction - power of Revisional Court for consideration of an application under Order 7 Rule 11 of C.P.C. on merit - HELD THAT:- Since an order passed in rejecting the claim under Order 7 Rule 11 of the Code for lack of cause of action amounts to a decree, therefore, such an order is appealable. But where an application under Order 7 Rule 11 is rejected that is not appealable. Under such circumstances, whenever the Court finds illegality or jurisdictional error committed by the Court below in rejecting application under Order 7 Rule 11 of the Code, then the revisional court has the jurisdiction under Section 115 to consider the legality and sustainability of such orders because it has the effect of leading to a consequence for disposal of the suit. In the event a revision is entertained, then in appropriate case the revisional court may pass appropriate order directing the court below to correctly assess the fact by following the provisions of law, but since the effect of rejection of a plaint under Order 7, Rule 11(a) has the force of a decree, the revisional court should not pass an order rejecting a plaint while exercising jurisdiction under Section 115. This Court finds force in the submission of learned counsel for the petitioner to the extent that the Revisional Authority has a limited role in the matter of hearing on rejection of an application under Order 7 Rule 11 of C.P.C. and in the event, it feels that there is some substance in considering the application under Order 7 Rule 11 of C.P.C., then the Revisional Authority is to remit the matter back to the Original Authority for fresh consideration of the matter. This Court is of the view that the Revisional Court while considering the revision has exceeded its jurisdiction and therefore, while interfering in the revisional order, this Court sets-aside the same and directs the Revisional Authority to take a decision thereon afresh taking into consideration the observation of this Court - Application disposed off.
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