S.N.Jha, J.

1. This civil revision has been referred to Division Bench for decision on the point as to whether an order dismissing an appeal on account of limitation as being time-barred and not on merits is appealable. The significance of the point is that revision under Sec. 115 of the Code of Civil Procedure is maintainable only when appeal does not lie against the order. As the point involves a pure question of law, it is not necessary to set out the facts of the case. It may only be stated that the petitioners, who were plaintiffs in the court below, instituted title suit No. 3 of 1979 for declaration about a deed of gift as being null and void. The plaint was rejected in view of the provisions of Sec. 4(b) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, which bars suit after publication of notification regarding preparation of consolidation scheme under Sec. 3(1) of the Act. The petitioners challenged the order by way of revision, C.R. No. 605 of 1980, in this Court. By judgment dated 7.12.81 reported in AIR 1982 Patna 75 this Court held that the order of rejection of the plaint amounted to decree and was, therefore, appealable. After