PRAKASH AND ANR. Vs. HUND RAJ AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) This special appeal has been preferred against impugned order dt. 30.07.2009 passed by learned Single lodge, whereby order passed by trial Court on an application under Order 9 Rule 13 CPC, allowing the application, was set aside and application under Order 9 Rule 13 CPC was dismissed.

(3.) There is consistent view of this Court that special appeal against order of learned Single Judge passed in writ petition under Article 227 of Constitution of India D.B. Civil Special Appeal(Writ) No. 11/2011 and directed against order of trial Court deciding an application under the provisions of CPC' is not maintainable. Since present special appeal is directed in similar circumstances, therefore, it is not maintainable and the same is liable to be dismissed as such.