JUDGMENT : Ahmad, C.J. - This application by the Defendant arises out of an application made by him before the trial Court for restitution u/s 144 of the Code of Civil Procedure. The facts giving rise to the present petition shortly stated are as follows: There was a suit instituted by the Plaintiff for a declaration that the trust in dispute was a private trust and not a public trust and also for recovery of possession of the same. At the trial the suit on contest was decreed. Accordingly on the basis of that decree passed by the trial Court the Plaintiff got delivery of possession over the property in suit. Against that decree there was an appeal taken to the High Court which was numbered as F.A. No. 25 of 1959. The High Court on hearing the parties allowed the appeal and reversed the judgment and decree passed by the trial Court. In the opinion of the High Court the suit as constituted by the Plaintiff was not maintainable in civil Court. Accordingly the decree passed by the trial Court was held to be null and void. Subsequently therefore in pursuance of the decree passed by the High Court an application was filed by the Defendant for restitution of the property which had been taken over in delivery of possession by the Plaintiff on the basis of the decree passed by the trial Court. The trial Court on hearing the application made for restitution held that "the proper authority for recovering the possession of the suit property from the opposite party is the Assistant Commissioner of Endowment who is to be moved on a proper petition u/s 16 (which is perhaps a mistake for Section 68) of the Orissa Hindu Religious Endowments Act. 1951". Against this order the Defendant has now come in revision to this Court. 2. In my opinion, this application filed in revision is misconceived. The order passed by the trial Court dismissing the application made for restitution is clearly covered by the definition of the word 'decree' as given in Section 2(2) of the Code of Civil Procedure. Therein '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 of the matters in controversy in the suit and may be either preliminary or final. Therein '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 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 47 or Section 144, but shall not include (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. There is also an explanation added thereto. That explanation says that "a decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final". Here we are not concerned with the explanation. But reading the main body of the definition of the decree as given in Section 2(2) it is clear that the order passed by the trial Court refusing to entertain the application made before it for restitution is a decree. It clearly determines the maintainability of the application made before it u/s 144 of the Code of Civil Procedure. That being so, the remedy for the Petitioner was to file an appeal against the order passed by the trial Court and not a revision as has been done in the present case. The valuation of the property in suit as given in the plaint was Rs. 3,800- and therefore the appeal as provided in the CPC on the facts of this case lies in the Court of the District Judge and not here. Accordingly as prayed for, the application is returned to the Petitioner to be filed as an appeal in the proper Court. It will be for that Court to consider whether in the circumstances of the case the Petitioner is entitled to any exclusion of time or condonation of delay in filing the appeal if it is so filed. The application is allowed to be withdrawn in terms as stated. Final Result : Allowed