AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 144 wordsSanjay K. Agrawal, J
In the first appeal preferred by the petitioner / appellant, the application filed by the petitioner under Order 39 Rule 1 and 2 of CPC has been
rejected by the First Appellate Court during the pendancy of the first appeal against which this writ petition under Article 227 of the Constitution has
been preferred.
Learned State counsel would take objection that miscellaneous appeal under Order 43 Rule 1(r) of the CPC would be maintainable.
Since the order is appellable under Order 43 Rule 1(r) of CPC, this writ petition is not maintainable.
Accordingly, this writ petition is disposed of. However, the petitioner would be at liberty to prefer an appeal in accordance with law. No cost(s).
Certified copy of the impugned order be returned to the counsel for the petitioner on furnishing attested photocopy thereof.