Judgment : Kalyan Jyoti Sengupta, J. This appeal is sought to be preferred against the judgment and order dated 02.06.2014 of the learned Single Judge, whereby the writ petitioner was allowed to participate in the price bid along with other bidders who are qualified in technical bid. His Lordship of the first court disagreed to the opinion of the State Government that the writ petitioner/respondent did not have experience of executing similar nature of works in the filed of civil works of road buildings. To select a suitable contractor, there are two stages viz., one is evaluation of technical bid followed by in case of being successful, the price bid. Accordingly, the learned Single Judge set aside the order of the Government holding that the petitioner is disqualified in the technical evaluation stage. The learned Single Judge found in substance that elimination of the writ petitioner is unfair and irrational. The appellant before us is one of the participants. By the impugned judgment and order, the writ petitioner/respondent is allowed to participate in the price bid along with appellant herein. Thus, it is clear that the appellant’s right to participate has not been taken away. Only he has to compete with the 5th respondent/writ petitioner. The judgment and order impugned though passed in writ jurisdiction, is a final one and having its effect of “decree” which is defined in sub-section (2) of Section 2 of the Civil Procedure Code (hereinafter referred to as Code), which is reproduced herein. “Section 2(2): “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— (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Explanation:- 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. Explanation:- 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.” (emphasis supplied) While examining controversy involved in the writ petition and counter affidavits, we find writ petitioner asserted its right to participate in the bid up to final stage, nay to get contract, while State respondent denied such assertion, urging to uphold its decision eliminating the writ petitioner from the bid. As far as the appellant is concerned, it supported the assertion of right of the State Government, without asserting its own right independent of right of the State. Thus, the Court was called upon to choose one of the two competing rights viz., the writ petitioner’s and the State respondent, not of the appellant. What is important here is determination of his/her/its own right of the party seeking to prefer appeal, be it a decree or judgment within the meaning of Clause 15 of the Letters Patent or Section 2(9) of the Code. It is very useful in this context to accept the statement of law laid down by the Hon’ble Supreme Court in the case of Shah Babulal Khimji vs. Jayaben D. Kania and another ( AIR 1981 SC 1786 ). In paragraph 112 and part of paragraph 113 of the judgment, it observed as follows: “112. The definition of the word ‘judgment’ in sub-section (9) of Section 2 of the Code of 1908 is linked with the definition of ‘decree’ which is defined in sub-section (2) of Section 2 thus: “‘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 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. Explanation:- 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. Explanation:- 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.” 113. Thus, under the Code of Civil Procedure, a judgment consists of the reasons and grounds for a decree passed by a Court. As a judgment constitutes the reasons for the decree it follows as a matter of course that the judgment must be a formal adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy.” (emphasis supplied) We think that singular participation is not a lawful right unless of course intended otherwise legally. Here there is no determination adversely against the appellant that it is either qualified or disqualified. Hence, we are of the view that this appeal is not entertainable and it is not the judgment so far as the appellant is concerned. Accordingly, the appeal is dismissed. Miscellaneous petitions, if any, pending in this appeal shall stand closed. No order as to costs.