BIRDHA RAM Vs. MANOHAR LAL

JUDGEMENT

(1.) THIS appeal under Order XLIII, Rule 1 CPC has been preferred against the order dt. 09.11.2009 passed by the trial Court whereby, the application filed by the respondent under Order VII, Rule 11 CPC has been allowed and the suit has been dismissed as barred by limitation. A preliminary objection was raised by learned counsel for the respondent that appeal under Order XLIII, Rule 1 CPC was not maintainable against the said order dt. 09.11.2009.

(2.) LEARNED counsel for the appellant has relied on a judgment of Hon'ble Andhra Pradesh High Court in the case of Ragam Yellaiah & Ors. vs. Chinta Shankaraiah reported at : 2004 (1) CCC 549 (AP).

(3.) IN that view of the matter, the appeal under Order XLIII, Rule 1 CPC is apparently not maintainable and the same is, therefore, liable to be dismissed.