Res judicata dismissal as a decree barred Article 227 relief when a statutory appeal was available.

An order dismissing a suit as barred by res judicata was treated as a decree because it conclusively determined the parties' controversy and answered their substantive rights. On that basis, an efficacious statutory appeal lay to the District Court under the Code of Civil Procedure, and the writ petition under Article 227 was therefore not maintainable. The court distinguished authority dealing only with dismissal of an appeal for delay, since that situation did not involve adjudication of rights in the suit.

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Issues: Whether the impugned order dismissing the suit on the ground of res judicata was a decree appealable before the District Court, thereby rendering the writ petition under Article 227 of the Constitution of India not maintainable.

Analysis: The order under Section 9 of the Code of Civil Procedure, 1908, did not merely dispose of an application incidentally. It conclusively determined the controversy between the parties by holding that the suit was barred by res judicata and dismissing the suit. Such an order answered the rights of the parties in controversy and therefore fell within the definition of a decree under Section 2(2) of the Code of Civil Procedure, 1908. On that basis, an efficacious statutory appeal lay before the District Court. The reliance placed on the decision concerning dismissal of an appeal for delay was distinguished, as that situation did not involve adjudication of rights in the suit.

Conclusion: The impugned order was held to be a decree and therefore appealable. The writ petition was not maintainable in view of the alternative appellate remedy.

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