IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET APPEAL APPEAL APPEAL FROM ORDER NO.158 OF 2007 FROM ORDER NO.158 OF 2007 FROM ORDER NO.158 OF 2007 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr.Milan Desai for the Appellant Mr.R.D.Suryawanshi for Respondent No.1. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : OCTOBER 31,2007. : OCTOBER 31,2007. : OCTOBER 31,2007. P.C.: P.C.: P.C.: 1. The Appeal was dismissed for default in the morning session. On the oral prayer made by the Advocate for the Appellant, the Appeal is restored. 2. The Appellant has taken an exception to the order dated 28th January 2007 passed by the Civil Judge (Senior Division) at Kalyan. By the said order the application made by the Appellant-defendant praying for rejection of the plaint has been rejected. 3. The Appeal from Order against the said order is not maintainable either under section 104 or Order XLIII of the Code of Civil Procedure,1908. Hence, the Appeal from Order is dismissed as not maintainable. However, it is clarified that notwithstanding the dismissal of the Appeal, it will be open for the Appellant to take out appropriate proceedings. JUDGE JUDGE JUDGE