Wanchoo, C.J.—This is a revision by Mst. Phool Sundari against the order of the District Judge, Bikaner and arise in the following circumstances. The applicant filed a suit against seven defendants, the last of them being the State of Rajasthan. The applicant claimed Rs. 21,000/-as damages in this suit for false imprisonment and malicious prosecution. The District Judge framed issues on the 13th of July, 1954. On that date, he ordered that the plaint disclosed no cause of action against defendants Nos. 2, 3, 5 and 7. He consequently rejected the plaint as against these defendants. The present revision is against this order rejecting the plaint against four out of seven defendants.

2. A preliminary objection has been taken by the opposite parties and their contention is that the order in question was appealable and as no appeal was filed, this Court should not come to the rescue of the applicant in revision. We have heard learned counsel on this preliminary point and have come to the conclusion that, however, we look at the order of the trial court, it is appealable. Under sec. 2(2) of the Code of Civil Procedures includes an order rejecting a plaint and as the rejection of a plaint

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