IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.10972 of 2011 DHARAMRAJ RAI @ DHARMRAJ RAM & ORS - Petitioner/s(s) Versus THE STATE OF BIHAR & ORS - Respondent/s(s) __________________ 2. 13.07.2011 The State of Bihar is not necessary party and, therefore, the name of the respondent No.1 is deleted. Heard the learned counsel for the petitioners. This writ application has been filed against the order dated 10.5.2010 passed by Sub-ordinate Judge 1st, Arrah in Title Suit No 395 of 2009 whereby the learned court below has dismissed the suit finding that it is barred by res judicata. It appears that the suit has been dismissed by deciding the preliminary issue finding that the suit is barred by res judicata and therefore, the order dismissing the suit is a decree within the meaning of Section 2 Sub Section 2 of Code of Civil Procedure. In a decision reported in 1998 (3) PLJR 486 Brahmdeo Prasad Vs. Baldeo Prasad and others this question has already been 2 decided by this Court and further in view of the guidelines given by the Hon’ble Apex Court in the case of S. Satnam Singh and others Vs. Surender Kaur and another 2009 (2) SCC 562 the impugned order is a decree within the meaning of the said suit. Therefore, it is appealable. The petitioner, if so advised, may file the appeal. Therefore, this writ application is not maintainable. Accordingly, it is dismissed. S.S. (Mungeshwar Sahoo,J.)