BRIJESH GARG Vs. SUNIL JAIN

JUDGEMENT

(1.) HEARD .

(2.) THIS petition is directed against the order Annexure P -1 whereby the petitioners' application preferred under Order 39 Rule 3 is rejected by Court below. Learned senior counsel submits that under Order 43 Rule 1 CPC, the appeal can be preferred only against the orders passed under Order 39 Rule 1 & 2. Rule 3 of Order 39 is not covered under Order 43 Rule 1(r).

(3.) IN the opinion of this Court, this point is no more res integra. This Court in : 2013 (2) MPJR SN 28 (Radheshyam Rathi Vs. Rotary Club & Others) has considered this aspect in extenso and opined as under: -