JAWLA ENGINEERING PVT LTD Vs. UFLEX LIMITED

JUDGEMENT

(1.) THIS writ petition has been filed for a direction to reject the plaint of the original suit no.1529 of 2012 (M/s Uflex Limited vs. Jawala Engineering Private Limited and others) and further to set aside the impugned ex-parte stay order granted by the Civil Judge (Senior Division) dated 23.11.2012 in the said suit. Sri M.K.Gupta and Sri Samit Gopal have filed their appearance today on behalf of the respondent and have raised a preliminary objection that this writ petition is not maintainable in view of the provisions of Order 43 Rule 1(r) C.P.C. Sri Sunil Kumar, learned counsel for the petitioner has raised a objection that appeal under Oder 43 Rule 1(r) is not maintainable.

(2.) REPLYING to this objection Sri M.K.Gupta has placed a reliance on a Full Bench decision of this Court reported in AIR 1970 Allahabad 376 Zila Parishad Budaun and others vs. Brhma Rishi Sharma. The relevant portion of the Full Bench is contained in paras 16 and 18 of the judgement which reads as follows:-