Second appeal not maintainable against revisional rejection of plaint; proper remedy lies under Article 227

A plaint rejected by a revisional court after reversing the trial court's refusal to reject it does not give rise to a second appeal under the Code of Civil Procedure. Although rejection of a plaint falls within the definition of decree, appealability depends on the jurisdiction exercised: Section 96 applies to decrees passed in original jurisdiction, and Section 100 permits second appeal only from a decree passed in appeal. A decree emerging from revisional jurisdiction does not fit that statutory scheme. The proper remedy against such an order is a writ petition under Article 227, not a second appeal.

---

---

Issues: Whether a second appeal lies when a revisional court reverses the trial court's refusal to reject a plaint and, in consequence, rejects the plaint.

Analysis: The definition of decree under Section 2(2) of the Code of Civil Procedure, 1908 includes rejection of a plaint, but the availability of appeal depends on the forum exercising the jurisdiction. Section 96 permits an appeal from every decree passed by a court exercising original jurisdiction, and Section 100 permits a second appeal only from a decree passed in appeal. A decree resulting from the exercise of revisional jurisdiction does not satisfy that statutory scheme. The earlier view treating such revisional orders as appealable second decrees was held inconsistent with the later Supreme Court exposition, which recognised that although a revisional court may in substance reject a plaint, the proper recourse is not a second appeal.

Conclusion: No second appeal lies against an order by which a revisional court rejects a plaint on reversal of the trial court's refusal to reject it; the appropriate remedy is a writ petition under Article 227 of the Constitution of India.

Ratio Decidendi: The maintainability of an appeal is governed by the statutory source and character of the jurisdiction exercised, and a decree arising from revisional jurisdiction is not appealable as an original decree or as a decree passed in appeal.

---