BASANT KHARBANDA Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) .This appeal is by defendant No.3 in the original suit feeling aggrieved by an order dated 7.1.94 whereby the learned Single Judge has rejected an application under Order 47 Rule 1 of the Civil Procedure Code filed by the appellant seeking review of the order dated 30.8.90 passed in the suit by the learned Judge earlier.

(2.) .The learned counsel for the plaintiff-respondent has raised an objection to the maintainability of the appeal submitting that the appeal does not lie for two reasons : firstly, Rule 7 of Order 47 of the Civil Procedure Code specifically provides - "an order of the Court rejecting the application shall not be appealable"; secondly, the order does not amount to a `judgment' within the meaning of Section 10 of the Delhi High Court Act, 1966.

(3.) .Having heard the learned counsel for the parties, we are of the opinion that the objection raised to the maintainability of the appeal has to be allowed and the appeal dismissed as not maintainable.