JUDGEMENT 1. Question of maintainability has been raised by the Stamp Report vide Defect-A. 2. It has been pointed out that by the impugned order the memorandum of Misc. Appeal has been returned to the petitioner- appellant for filing before the court of competent jurisdiction, hence in this case, appeal would lie under Order 43 Rule 1(a) of the Civil Procedure Code. Thus, this Civil Revision is not maintainable. 3. Learned counsel for the petitioner submits that Order 43 Rule 1(a) refers to the plaint of a suit and not the memorandum of appeal. Thus, the objection raised by the Stamp Report is fit to be overruled. 4. Learned counsel also relies upon a decision of this Court in support of his submission rendered in Kandhai Mahton and Anr. vs. Prasad Mahton and Another reported in AIR 1952 Patna Page 290. It would be apt to quote the relevant paragraph of the aforesaid decision: "7. The learned Advocate for the respondents raised an objection that no appeal lies to this Court against the order of the court of appeal below returning a memorandum of appeal to be presented to the proper Court. In support of his contention he relied on the cases of Raghunath Charan Singh Vs. Shama Koeri. 31 Cal. 344 & Gordhan Lalji Vs. Maksudan Ballab 40 All. 648. In my opinion the objection raised on behalf of the respondents appears to be well founded. xx xx xx xx" 5. I find force in the submissions raised on behalf of the learned counsel for the petitioner. 6. The provision under Order 43 Rule 1(a) of the Code of Civil Procedure is as follows: "1. Appeals from orders.-An appeal shall lie from the following orders under the provisions of Section 104, namely: (a) an order under Rule 10 of Order VII returning a plaint to be presented to the proper Court [except where the procedure specified in Rule 10-A of Order VII has been followed]." 7. Plain reading of the aforesaid provision discloses that the same is applicable in case of return of plaint in suit and not in case of return of memorandum of appeal to be presented before the proper court. 8. In view of the aforesaid, the objection raised by the Stamp Report with regard to maintainability of the Civil Revision is overruled and it is held that this Civil Revision is maintainable. 9. 8. In view of the aforesaid, the objection raised by the Stamp Report with regard to maintainability of the Civil Revision is overruled and it is held that this Civil Revision is maintainable. 9. Heard learned counsel for the petitioner on point of admission of this Civil Revision. 10. Issue notices to the opposite parties under ordinary process for which Talbana etc. must be filed within ten days failing which this application shall stand rejected without further reference to a Bench. 11. Rule is made returnable within three months.