Civil Procedure Code, 1908 (V of 1908)
S. 2(2), 115, Order 43 - Trial Court rejected the plaint -
Contention of counsel for the petitioner that formal decree sheet has not been drawn by the courts below, carries no substance because formal decree sheet was not required to be drawn as the
order of the rejection of plaint is itself deemed to be decree - In fact, even the plaintiff-petitioner, assuming the order of the trial court to be decree, filed first appeal because
otherwise first appeal against order of the trial court has not been provided under Order 43 CPC - It is thus apparent that the plaintiff had to file regular second appeal and therefore,
revision petition is notmaintainable. (173) P.L.R.