JUDGMENT :

Kurian, J.

Leave granted.

2. An Interlocutory Application filed in a pending suit for dismissal of the suit on the ground that the same is barred by Res Judicata and that there is no cause of action, was allowed by the trial court before commencement of the trial. The plaintiff filed a revision before the High Court of Judicature at Patna taking the position that no appeal is maintainable as the suit has been dismissed without framing an issue.

3. The High Court, as per the impugned order dated 14.08.2013, took the view that the approach taken by the trial court was not proper; an issue should have been framed on maintainability and the same should have been tried, and thereafter only, the suit could have been dismissed, in case the court upheld the contentions of the defendant/applicant. In that view of the matter, the High Court held that the order passed by the trial court, dismissing the suit, was not appealable and the same was only revisable in exercise of the powers under Section 115 of The Civil Procedure Code, 1908 (hereinafter referred to as ‘Code’). Thus, aggrieved, the defendants are before this Court.

4. Appellants are defendants in Title Suit No. 149 of 2008 bef