RAINA, J. : - The following questions have been referred to this Bench by the learned single Judge for decision :

(i) Whether rejection of a plaint on grounds other than those specified in Order 7, Rule 11 of the Code of Civil Procedure amounts to a decree?

(ii) Whether the dismissal of a suit for non-compliance with the provisions of Order 6, Rule 5 of the Code of Civil Procedure amounts to a decree and is as such appealable?

2. The aforesaid questions arose before one of us (Raina, J.) in civil revision No. 825 of 1971 - Mst. Chamarin v. Sukhram - in the following circumstances. The petitioner had filed a suit against the non-applicant for a declaration that she was entitled to half share in 4.37 acres of land and for joint possession of her share. On an application filed by the defendants under Order 6, Rule 5 of the Code of Civil Procedure (hereinafter referred to as 'the Code') for better particulars an order was passed by the trial Judge on 3-7-1971 directing the petitioner to furnish better particulars. The petitioner furnished certain particulars; but as, in the opinion of the Court, proper particulars had not been furnished, the suit was dismissed by the impugned ord