Sanjay K. Agrawal, J.

Invoking revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (for short "CPC"), plaintiff/applicant herein has challenged the order of the trial Court by which plaint filed by him has been rejected exercising jurisdiction under Order 7, Rule 11 (a) of the CPC.

2. Mr. Amrito Das, counsel for respondent No.1/defendant would submit that on respondent No.1/defendant’s application, the trial Court has rightly rejected the plaint under Order 2, Rule 2 of the CPC, as such, order has force of decree under Order 7, Rule 11 (a) of the CPC, against which, regular appeal under Section 96 read with Order 41 of the CPC would lie before the first appellate Court and, as such, the revision is not maintainable and it be dismissed accordingly.

3. Mr. Vipin Tiwari, counsel for the applicant/plaintiff would submit that revision would lie as the jurisdictional error has been committed by the trial Court in rejecting the plaint and thereby dismissing the suit.

4. In order to decide the plea raised at the Bar, it would be profitable to refer to the definition of term "decree" in CPC, Section 96 CPC and Section 115 of the Code of Civil Procedure:-

1. Section 2(2) of the Code defines 'decree' to mean:

"(2) "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include -

(a) any adjudication from which an appeal lies as an appeal from an order, or

(b) any order of dismissal for default.

Explanation.- A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of . It is final when such adjudication completely disposed of the suit, it may be party preliminary and party final;"

(2) Section 96 of the Code provides for appeals from, original decree:

"96. Appeal from original decree.-

(1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear appeals from the decisions of such Court.

(2) An appeal may lie from an original decree passed ex parte.

(3) No appeal shall lie from a decree passed by the Court with the consent of parties.

(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature congnizable by Courts of small Cause, when the amount or value of the subject-matter of the original suit does not exceed [ten thousand rupees]

(3) Section 115 of the Code provides for revision:

2. "115. Revision.-

(1) The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such sub-ordinate Court appears-

(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise a jurisdiction so vested, or

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit:

Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings.

(2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.

(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.

Explanat