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Judgment
This revision petition has been filed for Order dated 19-11-1998 passed by Civil Judge (Senior Division), Hukkeri on I.A. 4 moved u/s 144 of the Civil Procedure Code. The Court below has partly allowed the I.A. 4 filed by the present respondents and directed the present revision petitioner to deposit a sum of Rs. 25,548-97 ps. in the Court within 15 days.
In my opinion, the present revision petition is misconceived and it is not maintainable. The order passed determining the question amount payable u/s 144 of the CPC comes and falls within the scope of decree. The expression ''decree'' is defined as per Section 2(2) of the CPC which reads as under.-
" "Decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 but shall not include X X X".
The definition of the expression ''decree'' per se reveals that, an order passed u/s 144 of the CPC for restitution is included within the meaning of decree''.
The order being itself decree i.e., appealable decree, the "present revision petition is misconceived and the revision is not maintainable. Mere mention of Section 151 of the CPC along with the Section 144 of the CPC will be of no material bearing. Restitution applications are maintainable u/s 144 of the Civil Procedure Code, so it is appealable. The revision petition as such is dismissed being not maintainable.