IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7129 of 2011 TAPESHWAR YADAV Versus HARDEO YADAV @ HARI YADAV & AN ----------- 2 25.4.2011 Heard the parties. This writ petition has been filed by the petitioner against the order dated 27.12.2010 passed by the trial court rejecting the plaint of the petitioner on the grounds contained under section 11 of the C.P.C. Though this plea was wrongly taken by the defendant for rejection of plaint mentioning Order 7 Rule 11 C.P.C. the trial court could not have dismissed the plaint on the ground of objection under Order 7 Rule 11 of C.P.C. The ground of rejection of the plaint is the issue of resjudicata The appeal is provided under section 96 of C.P.C. against any decree and decree is defined under section 2 of C.P.C. which includes the rejection of the plaint. Therefore, against the order impugned petitioner has remedy of appeal. Therefore, the petitioner is relegated to avail remedy of appeal before the District Judge. The writ petition is disposed of accordingly. Ten days relaxation in limitation is given to the petitioner for filing appeal. Period of limitation shall be counted excluding the period taken by the petitioner in filing the writ petition and till date. AnilKrSinha ( Prakash Chandra Verma, J.)