S D ANNAMALAI DESIKAR Vs. MRGOVINDA RAO

JUDGEMENT

(1.) THE objection is taken that no appeal lies. THE order of the Subordinate Judge is one merely ordering notice as required by Rule 3, Order 39. THEre is no appeal against such an order under Order 43, Rule 1, Clause (r).

(2.) THERE is no other provision pointed out, under which an appeal lies. We uphold the preliminary objection and dismiss the appeal against the order with costs.