Revision or appeal- dismissal of o-7/r 11 cpc application?

Kumari Cheenu (Querist) 20 October 2020 This query is : Resolved
My application under Order 7 Rule 11 CPC, has been dismissed by ADJ Tis Hazari Delhi. I have been advised to go for the Revision Petition.

But now I found many Supreme Court and High Court Judgements in which Revision petitions were not filed, but Appeals were filed. These matters have been judged by these Courts without any objection upon maintainability. Now I am again confused, whether to file CRP(Civil revision Petition) or an Appeal? Plz respond sir.....

https://indiankanoon.org/doc/193563076/

https://indiankanoon.org/doc/197405031/

https://indiankanoon.org/doc/36489526/

https://indiankanoon.org/doc/44671740/

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An application under Order 7 Rule 11 CPC has been dismissed by the ADJ Tis Hazari, Delhi. While advised to file a Revision Petition, the user has found cases where Appeals were filed and accepted. This has led to confusion about whether a Civil Revision Petition (CRP) or an Appeal is the appropriate course of action. The general consensus suggests a Revision Petition is maintainable against the dismissal of an O-7 R-11 CPC application, whereas an Appeal is typically filed when the application is allowed and the suit is dismissed.

Dr J C Vashista (Expert) 21 October 2020
Revision but not appeal is maintainable in Delhi High Court.

Message likes : 1 times

Kumari Cheenu (Querist) 21 October 2020
Thanks a lot Vashista Sir.

Rajendra K Goyal (Expert) 21 October 2020
Show full case file with relative orders to some senior Advocate and discuss in detail.

Advocate Bhartesh goyal (Expert) 21 October 2020
Revision u/s 115 of cpc lies against the order of dismissal of application u/order 7 rule 11 cpc.An appeal lies when application u/o 7 r 11 allows and court dismiss the suit.

P. Venu (Expert) 21 October 2020
Order 7 Rule 11 - what exactly is the gound urged? And what is the ground for dismissal?

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