Partial rejection of a plaint is not recognised, but exclusion of an interest claim may still be revisable under civil procedure.

A trial court note excluding a claim for interest did not amount to a rejection of the plaint in part, because the Civil Procedure Code contains no provision for partial rejection of a plaint. The exclusion nevertheless finally determined the interest claim for revision purposes and was not a mere interlocutory direction. The trial court acted with material irregularity and without jurisdiction in purporting to exclude the claim by note. The order was therefore not appealable as a partial rejection of the plaint, but it was revisable under Section 115 CPC as a case decided, and the matter was remitted for decision on the merits.

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Issues: Whether a trial court note refusing to entertain the claim for interest amounted to a rejection of the plaint in part and, if not, whether the order could be challenged in revision under Section 115 of the Code of Civil Procedure, 1908.

Analysis: The note did not constitute a definite rejection of the plaint. There is no provision in the Civil Procedure Code permitting rejection of a plaint only in part, and the trial court therefore could not lawfully exclude the interest claim by such a note. The order nevertheless finally determined the interest claim for the purposes of revision and was not a mere interlocutory direction. The trial court acted with material irregularity in purporting to exclude the claim without jurisdiction.

Conclusion: The order was not appealable as a rejection of the plaint in part, but it was revisable as a case decided under Section 115 of the Code of Civil Procedure, 1908. The note was set aside and the matter was remitted to the trial court for decision on the merits.

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