Is an order rejecting a plaint for non-payment of deficit-court fee, a decree? Refer to case law, if any, on the point.

Question: Is an order rejecting a plaint for non-payment of deficit-court fee, a decree? Refer to case law, if any, on the point.

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Answer

The order rejecting a plaint for non-payment of the deficit-court fee is a decree as per the decision given by the Supreme Court in the case of Shamsher Singh v. Rajinder Prashad, AIR 1973 SC 2384 and Section 2(2) of CPC. Further, in the case of Abdulkhader v. Abdulrahiman, 1988 (1) KLT 680, a single-judge bench of the Kerala High Court has taken a view that rejection of a plaint when the plaintiff fails to remit deficit court fees will amount to a decree, the remedy of appeal is implicit in it.

Similarly, In Mable v. Dolores (2001 (2) KLT 613) a Division Bench of Kerala High Court has found that when the plaint is rejected under Order VII Rule 11 the plaintiff cannot invoke the jurisdiction of the Court under S. 151 CPC. It was further held that rejection of a plaint in terms of an order under Order VII Rule 11 is a decree and the party has a substantive right of appeal.

C.V. Varghese And Anr. v. Devi Accademy And Ors., (1999) 1 Ker LJ 440, the plaint was rejected for non-payment of balance court-fee. The Court said that the rejection of the plaint amounts to a decree and hence an appeal would lie and a petition under Section 151 will not lie.

Section 2(2) of CPC, 1908 provides the definition of ‘decree’. Hence, the relevant part of the section speaks that the term decree shall be deemed to include rejection of a plaint. Thus, rejection of a plaint also amounts to decree and not merely an order.

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