Rajasthan High Court - Jodhpur
Manohar Lal vs Ram Chandra & Ors on 28 April, 2010
Bench: A.M.Sapre, Dinesh Maheshwari
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D.B. CIVIL SPECIAL APPEAL (W) NO. 189/2010.
Manohar Lal Vs. Ram Chandra & Ors.
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Date of Order :: 28th April 2010.
HON'BLE MR. JUSTICE A.M.SAPRE
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. C.P. Soni, for the appellant.
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BY THE COURT:
This is an intra-court appeal filed by the plaintiff under Rule 134 of Rajasthan High Court Rules, 1952 against an order dated 05.10.2009 passed by the learned Single Judge in CWP No. 6331/2008 which arose out of an interim order passed by Civil Court in pending civil suit.
The learned counsel for the appellant fairly submits that this appeal is not maintainable in the light of the decision rendered in the case of Sukh Dev Vs. Prakash Chandra : D.B. Civil Special Appeal (W) No. 844/2009, decided on 16.04.2010 holding, inter alia, that intra-court appeal does not lie against such order.
In the light of the aforementioned decision rendered in Sukh Dev's case supra, this appeal fails and is dismissed as not maintainable. Since the appeal is held as not maintainable, it is not necessary to examine the merits and demerits of the controversy raised in this appeal. (DINESH MAHESHWARI ), J. (A.M.SAPRE ), J. /Mohan/