SC – Section 13(1A) of the Commercial Courts Act

Judgment dated 10.11.2025 of the Supreme Court in SLP (Civil) No.10428 of 2025 of MITC Rolling Mills Private Limited and another  Vs.  M/s.  Renuka Realtors and others

Section 13(1A) of the Commercial Courts Act 2015 – Maintainability of appeal against rejection of plaint under Order VII Rule 11 of the CPC

The appellant filed the commercial suit in the District Court, Nashik, for Rs.2,52,38,828/- for the material supplied to the respondent.

However, the plaint was rejected for non-compliance with Section 12A of the CC Act.

The High Court rejected the appeal on the ground that an order rejecting plaint does not fall within the ambit of Order XLIII of CPC and such an appeal under Section 13(1A) of CC Act is not maintainable.

The plaintiff who aggrieved of the order rejecting the plaint under Order VII Rule 11 CPC cannot be left remediless or compelled to institute a fresh suit for availing such a challenge.

Legal Clarification and Procedural Clarity – The rejection of plaint under Order VII rule 11 of CPC is final determination and therefore, appealable under Section 13(1A).  However, rejection of the application of the defendant under Order VII rule 11 is an interlocutory order and not appealable.

Appeal against Rejection of Plaint under the Commercial Courts Act