(1.) By this petition filed under Article 227 of the Constitution of India, the petitioner seeks to challenge legality and validity of the impugned order dated 17.07.2008 (Annexure P/9) passed by the District Judge, Janjgir -Champa in Misc. Civil Appeal No. 6/2008, whereby the appeal was allowed and the application field under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 (for short, "CPC") before the court of Civil Judge, Janjgir, District Janjgir in Civil Suit No. 48 -A/2007, was rejected.