Rule 7 of CPC : Rule 7: Order of rejection not appealable. Objections to order granting application.

Explanation using Example

Example 1:

Scenario: Rajesh files an application for review of a court order in a civil case. The court rejects his application.

Application of Rule 7:

• Rajesh cannot appeal the court's decision to reject his application for review. This is because Rule 7(1) states that an order rejecting an application is not appealable.
• However, if the court had granted Rajesh's application for review, the opposing party, Suresh, could have objected to this decision in an appeal.

Example 2:

Scenario: Meena files an application for review of a court order. On the day of the hearing, Meena fails to appear in court, and her application is rejected.

Application of Rule 7:

• Meena can apply to have her rejected application restored to the court's file. According to Rule 7(2), she must prove that she had a sufficient cause for not appearing in court.
• Meena provides evidence that she was hospitalized due to a sudden illness on the day of the hearing. The court is satisfied with her explanation and orders the application to be restored to the file.
• The court also decides on the terms for restoring the application, which may include costs or other conditions.
• A new hearing date is set, and notice of this application is served on the opposite party, as required by Rule 7(3).

Example 3:

Scenario: Anil files an application for review of a court order. The court grants his application, and the opposing party, Sunita, wants to object to this decision.

Application of Rule 7:

• Sunita can object to the court's decision to grant Anil's application for review. She can do this either by appealing the order that granted the application or by appealing the final decree or order made in the suit, as per Rule 7(1).
• Sunita decides to file an appeal against the order granting the application for review, presenting her objections to a higher court.

Example 4:

Scenario: Priya files an application for review of a court order. The court rejects her application because she did not appear for the hearing. Priya believes she had a valid reason for her absence.

Application of Rule 7:

• Priya can apply to have her rejected application restored to the file by proving she had a sufficient cause for not appearing. She submits evidence that she was stuck in a traffic jam due to an accident and could not reach the court on time.
• The court finds her reason satisfactory and orders the application to be restored to the file, setting a new date for the hearing.
• The court also ensures that notice of this application is served on the opposite party, as required by Rule 7(3).

Example 5:

Scenario: Ravi files an application for review of a court order. The court grants his application, and the opposing party, Neha, wants to object to this decision.

Application of Rule 7:

• Neha can object to the court's decision to grant Ravi's application for review. She can do this either by appealing the order that granted the application or by appealing the final decree or order made in the suit, as per Rule 7(1).
• Neha decides to wait and include her objections in an appeal against the final decree of the suit, consolidating her arguments in a single appeal.