In Brief
The suit concerned a declaration that a municipal survey entry regarding disputed land was invalid and not binding. The defendants sought dismissal on grounds of Res Judicata and lack of cause of action. The trial court dismissed the suit without framing the required preliminary issues. The plaintiff argued this was a procedural irregularity making the order non-appealable. The Supreme Court held that the trial court's order, despite procedural defects, was a decree because it conclusively determined the parties' rights on Res Judicata. Such decrees are appealable under Section 96 of the CPC, not revisable under Section 115. The appeal was allowed, and the plaintiff was granted liberty to appeal within six weeks.
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