OSA No. 12/2008 30.11.2010 Present Mr. Y.K. Thakur, counsel for the Appellants. Mr. Vijay Pandit with Mr. M.A. Khan, Advocates for the respondents. CMP (M) No. 1090/2008 There are sufficient grounds for condoning delay in filing the present appeal. Hence the delay is liable to be condoned. Accordingly, the delay in filing the appeal is condoned. Application stands disposed of. OSA No. 12/2008 Present appeal has been preferred under order 43 Rule 1 ( r ) of the Code of Civil Procedure against the order dated 8.8.2008 passed by the learned Single Judge of this Court in OMP No. 509/2007, preferred in CS No. 31/2006. This Court (learned Single Judge) while hearing Civil Suit No. 31/2006 on 18.8.2008, on the request of defendants (appellants herein) has allowed four weeks time to file written statement and granted further four weeks’ time to file replication and kept the Civil Suit No. 31/2006 from framing of issues thereafter. Appellants herein filed application OMP No. 509/2007 under order 9 Rules 8 & 9 read with Section 151 CPC, with the prayer that the Civil Suit No. 31 of 2006 is not maintainable and is liable to be dismissed. Learned Single Judge vide order 18.8.2008, after hearing the plaintiff as well as defendant (Appellants herein) in Civil Suit No. 31/2006, has indicated that the objections taken in the application OMP No. 509/2007 cannot be considered at initial state and, therefore, given the liberty to the defendants (appellants herein) in Civil Suit No. 31/2006 to take all such objections in their written statement and accordingly OMP No. 509/2007 was disposed of. It also appears that the respondent herein (Plaintiff in CS No. 31/2006) has not preferred any application under order 7 Rule 11 of CPC before the learned Single Judge and has come to this Court by preferring OSA under order 43 Rule 1 ( r ) CPC. Order 43 Rule 1 ( r ) CPC reads as below: “ O43. R.1 ( r ) An order under rule 1, rule 2 (rule2-A), rule 4 or rule 10 of Order XXXIX.” The present appeal, as such, cannot be maintainable under order 43 Rule 1 ( r ) CPC and the learned Single Judge has rightly given liberty to the appellants (defendants in Civil Suit No. 31/2006) to take such objections by filing written statement. In these circumstances, in our respectful consideration, the present appeal is not maintainable and is dismissed accordingly so also the pending application (s). ( R.B. Misra ), J. ( Sanjay Karol ),J 30th November,2010(sl)