Order varying or rescinding a decree can itself be a decree, making appeal available and revision unavailable.

An order rejecting an application to rescind, vary, amend or modify an existing decree was treated as a decree because it finally determined the parties' rights and amounted to a formal adjudication in controversy. The court held that appealability depends on statutory authority, but where the civil court's order satisfies the definition of a decree under civil procedure, it is appealable even in the absence of a special right of appeal. As the impugned order did not fall within Section 104 or Order 43, Rule 1, the revision was held not maintainable.

---

---

Issues: Whether the order rejecting the tenant's application under Section 6 of the West Bengal Premises Rent Control (Temporary Provisions) (Amendment) Act, 1950 was a decree appealable under the Code of Civil Procedure and, therefore, whether the revision was maintainable.

Analysis: The relevant enactment conferred no special right of appeal, so appealability had to be tested under the general law of civil procedure. The Court applied the settled principle that an appeal lies only where authorised by statute, but also recognised that when a civil court determines a legal right in ordinary jurisdiction, the resulting adjudication may be appealable if it answers the statutory definition of a decree. On the authority relied upon, rejection of an application to rescind or vary a decree can, in appropriate circumstances, be a formal expression of an adjudication conclusively determining a matter in controversy and thus amount to a decree. The impugned order satisfied that description and did not fall within Section 104 or Order 43, Rule 1.

Conclusion: The order was held to be a decree and appealable; consequently, the revision was not maintainable.

Ratio Decidendi: Where a civil court's order on an application to rescind, vary, amend, or modify an existing decree conclusively determines the parties' rights and constitutes a formal expression of adjudication, it is a decree and not a revisable non-appealable order.

---