Dara Sheko, J. - (1.) Heard learned counsel for the parties.
(2.) Considering the nature of the proceeding and the materials on record being noticed as sufficient, the same is taken up for consideration and disposal on merit. The instant application under Article 227 of the Constitution of India has been directed assailing order dated 5th February, 2016 passed by learned Civil Judge (Junior Division), 3rd Court, Basirhat, North 24-Parganas in Title Suit no. 188 of 2013, by which learned Trial Court though held that the plaint ought to have been returned, but wrongly held that the suit was not maintainable, however directed further that the plaintiff would be at liberty to withdraw the suit for filing it before appropriate Court of law.
(3.) Learned counsel representing the opposite party submitted that since the order would tantamount to be a deemed decree, as it was supposed to have been passed under Order 7, Rule 10 of the Code of Civil Procedure, it would be appealable and not revisable.;