IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1627 of 2009 SANT SEVA EDUCATION & SOCIAL CHARITABLE TRUST SAWAI NIWAS Versus SMT. BASANTI SRIVASTAVA ----------- 02. 16.09.2009 Heard learned counsel for the petitioner. 2. The stamp reporter on 02.09.2009 has noted that this civil revision has been filed against order dated 21.08.2009 by which learned Subordinate Judge-I, Patna City dismissed Title Suit No.210 of 2009 on merit at the admission stage itself, hence, the dismissal of the suit would be deemed to be a decree under Section 2(2) of the Code of Civil Procedure (hereinafter referred to as ‘the Code’ for the sake of brevity) and as such civil revision is not maintainable and the remedy lies by way of filing an appeal in the court of proper pecuniary jurisdiction. 3. Learned counsel for the petitioner contests the aforesaid stamp report relying upon a decision of a Single Bench of this court in case of Dr.Shashi Kumar Narain Sinha & Ors Vs. Smt. Pratima Sinha & Ors, reported in 2002 (1) P.L.J.R 549, in which it has been held that no doubt if the case is decided on merits, the appeal will lie, but if the learned court below has committed an error of jurisdiction, a civil revision would be maintainable. 4. Section 2(2) of the Code while defining ‘decree’ is very explicit in this regard providing that 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 - 2 - regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall include the rejection of the 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 as defined under law. 5. From perusal of the impugned order dated 21.08.2009, it is quite apparent that after hearing the parties at the stage of admission itself the court below found that no original lease or agreement has been filed by the plaintiff which was the basis of the suit and hence the learned court below did not find any merit in the plaint of the plaintiff and the suit was dismissed at the admission stage itself. In the aforesaid facts and circumstances, the impugned order of the learned court below is based on specific pleadings and materials and it cannot be assumed that it was passed committing error of jurisdiction. 6. In the aforesaid circumstances, as well as in view of the stamp report and the provision of Section 2(2) of the Code and the aforesaid case law in case of Dr.Shashi Kumar Narain Sinha & ors (Supra), this civil revision is not maintainable and is, accordingly, dismissed. Sunil (S. N. Hussain, J.)