JUDGMENT : T. Rajani, J. 1. This civil miscellaneous appeal is preferred by the plaintiff, under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), assailing the order dated 17.7.2018, passed in EA No. 92 of 2017 in EA No. 23 of 2016 in EP No. 04 of 2016 in LAC No. 200 of 2016 on the file of the family Court-cum-VI Additional District Court, Kadapa, by virtue of which, the petition filed by the appellant herein under Order XXI Rule 106 CPC, seeking to set aside the dismissal order in EA No. 23 of 2016, was dismissed. 2. Heard the Counsel for the appellant and the Counsel for respondents. 3. The Counsel for the respondents, at the outset, submits that this appeal is not maintainable, as, as against the order dismissing the petition filed under Order XXI Rule 106 CPC, revision has to be filed. The impugned order is passed in a petition filed under Order XXI Rule 106 CPC, to set aside the dismissal order in EA No. 23 of 2016. As per Clause (ja) of Rule 1 of Order XLIII CPC, against an order rejecting an application made under sub-rule (1) of Rule 105 of Order XXI CPC, an appeal shall lie. But the impugned order is not an order of rejection but it is an order of dismissal against which, in terms of Order XLIII CPC, an appeal is not maintainable. 4. Hence, the civil miscellaneous appeal has to be returned. The office is directed to return the papers in this appeal to the appellant, who is given liberty to file civil revision petition against the impugned order, subject to law of limitation. As a sequel, the miscellaneous applications, if any pending, shall stand closed.