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