1 30 caa.1213.10 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1213 OF 2010 IN APPEAL FROM ORDER NO. 772 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms. Jyothi Menon i/b Mr. M.Janardhan for the Applicants. CORAM : A.S.OKA, J. DATE : 11 th March, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant. 2 In view of the averments made in the application, a case for restoration is made out. Application is allowed in terms of prayer clause (a). [ A.S.OKA, J ] 2 30 caa.1213.10 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 772 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms. Jyothi Menon i/b Mr. M.Janardhan for the Appellants. CORAM : A.S.OKA, J. DATE : 11 th March, 2011. P.C. 1 The Appellants are the original defendants in a suit filed by the Respondent. The trial Court passed an order directing that the suit will proceed ex-parte against the defendants. The application was made by the Appellants at Exhibit – 46 for setting aside the said order and for taking the written statement on record. By the impugned order, the said application has been rejected by the learned trial Judge. 2 Appeal from order is not maintainable against the impugned order either under Section 104 or under Order XLIII of the Code of Civil Procedure, 1908. Hence, the appeal is dismissed as not maintainable. However, it will 3 30 caa.1213.10 anr be open for the Appellants to file appropriate proceedings for challenging the impugned order. 3 All contentions of the Appellants on merits are kept open. [ A.S.OKA, J ]