JUDGMENT :

SOUMEN SEN, J.

1. The question which has been framed for the reference is as follows:

“Whether the remedy lies by filing Second Appeal, if the Revisional Court reverses the order of the Trial Court refusing to reject the plaint, as a corollary effect the plaint is rejected in view of the definition of “decree” given under Section 2(2) of the Code.”

2. The genesis of the reference is an order passed by the first Appellate Court, by which the judgment of the trial court was reversed.

3. The facts that are necessary for better appreciation of the reference are stated below.

4. A notice was issued by the Deputy Director, Employees State Insurance Corporation (in short ‘Corporation’) regarding implementation of the Employees’ State Insurance Act, 1948 (in short ‘the said Act 1948’) and payment of contribution under Section 40 of the said Act, Ward Memorial Church School (in short ‘School’) challenged the notice and filed a Civil Suit being T.S. No. 327 of 2012 before the 2nd Court, Civil Judge, Junior Division, at Midnapore. The Corporation filed an application for rejection of the plaint on the ground that the notice can only be challenged before the Employees’ Insurance Court and