SATHYADASAN Vs. SUDEEPKUMAR

JUDGEMENT

(1.) Aggrieved by Exhibit P4 order dismissing the application under Rule 19 of Order 41 of the Code of Civil Procedure, the Petitioner filed the Original Petition. The Registry noticed a defect that the order is appealable under Rule 1(t) of Order 43 of the Code of Civil Procedure.

(2.) There is no dispute that the application was filed under Rule 19 of Order 41 and that the ingredients of Rule 19 were attracted. The contention of the Petitioner is that the order impugned is not a speaking order and therefore, an appeal under Rule 1(t) of Order 43 may not be a proper remedy.

(3.) The order passed by the court below reads as follows: