The Supreme Court in RISHABH CHAND JAIN & ANOTHER VS. GINESH CHANDRA JAIN has held that an order dismissing the suit on the ground of Res Judicata does not cease to be a decree on account of a procedural irregularity of non-framing an issue. Apex Court bench comprising of Justices Kurian Joseph and R.F. Nariman held that, such orders cannot be assailed in Revision, but only by preferring Appeal under section 96 of the Code of Civil Procedure. In the instant case, the Trial court, allowing an Interlocutory Application filed by defendant, in a pending suit, for dismissal of the suit on the ground that the same is barred by Res Judicata and that there is no cause of action, dismissed the suit. The Plaintiff assailed this order in revision before the High Court contending that no appeal is maintainable against this order. The High Court observed that issue should have been framed on maintainability and the same should have been tried, and thereafter only, the suit could have been ...