(1.) WITH consent, finally heard.
(2.) THIS petition takes exception to the order dated 4.1.2012, whereby the counter claim of petitioner was returned to him under Order 7 rule 10 of the Code of Civil Procedure (CPC).
(3.) SHRI Bharadwaj took a preliminary objection that the said order is appealable under Order 43 rule 1(a) CPC. Parties are heard on this aspect. Order 43 rule 1(a) reads as under