SHIVAPPA Vs. ESHWARAPPA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners.

(2.) Learned counsel for the respondents filed a memo stating that the plaint was rejected by the Trial Court which amounts to decree under Sec. 2(2) of CPC and therefore revision is not maintainable. Sec. 2(2) defines decree which reads as under:

(3.) Hence, Sec. 2(2) specifies that rejection of the plaint amounts to a decree which is appealable. The judgment of the Trial Court in O.S.No.181/2017 dtd. 17/12/2020 disclose that plaint was rejected on the ground of limitation. Hence, it falls under the definition of decree and since the rejection of the plaint is a decree, question of filing a revision does not arise at all. The revision petitioner ought to filed an appeal against the rejection of the plaint but he filed a revision petition. Hence, revision petition itself is not at all maintainable.