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Judgment
4 paragraphs · 163 wordsJyotsna Rewal Dua, J
Through this petition preferred under Article 227 of the Constitution of India, petitioner has challenged an order dated 23.10.2019, passed by learned Senior Civil Judge, Court No.1, Amb, District Una, Himachal Pradesh, whereby an application moved by her under order 39 Rule 4 of the Code of Civil Procedure was dismissed.
Order 43 Rule 1(r) read with Section 104 provides remedy of filing an appeal against the order passed under order 39 Rule 4 of the Code of Civil Procedure. Accordingly, the instant petition preferred by the petitioner under Article 227 of the Constitution of India, challenging the order dated 23.10.2019, dismissing her application under order 39 Rule 4 of the Code of Civil Procedure is clearly misconceived and not maintainable.
Consequently, the petition is dismissed as not maintainable, reserving liberty to the petitioner to approach appropriate forum, in accordance with law, for redressal of her grievance. Pending miscellaneous application(s), if any, shall also stand disposed of.