1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO.12 OF 2001 Abdul Rahim Abdul Gulab ...Appellant Versus Allahabad Bank, Jalgaon and others ...Respondents ..... Mr. S.P. Shah i/b Mr. P.M. Shah, senior counsel, advocate for the appellant None for the respondents ..... CORAM: S. S. SHINDE, J. DATED: 8TH OCTOBER, 2010 PER COURT:- 1 This appeal from Order is filed challenging the judgment and order passed by the Vth Additional District Judge, Jalgaon in Civil Appeal No 272 of 1992 below Exh. 22 and Exh.1. 2 Learned counsel for the appellant submitted that the appellant was not supposed to answer the interrogatories and therefore, there was no question of dismissing the appeal under Order XI Rule 20 of C.P.C. Learned counsel invited my attention to the grounds taken in the appeal memo and submitted that this appeal deserves to be 2 allowed. None appears for the respondent though served. 3 Upon perusal of the order below Exh.1 and more particularly para 2, it appears that there was specific order at Exh.20 directing the appellant to answer the interrogatories. However, the appellant has failed to answer those interrogatories and consequently, appeal was dismissed by the impugned order dated 8.7.1998. It appears that order below Exh.20 attained the finality, as the legality and validity of the same it has not been challenged. The order impugned in this appeal is consequential order arising out of order below Exh.20 directing the appellant to answer interrogatories. Therefore, in absence of challenge to order passed below Exh.20, the challenge to subsequent order dated 8.7.1998, passed below Exh.1 in Civil Appeal No 272 of 1992, has no base and should fail. Therefore, in my opinion, if the order below Exh.20 had attained the finality, this appeal challenging the impugned judgment and order should fail as the same was consequential order. 4 In the result, this Appeal from Order fails and the same stands dismissed. ( S. S. SHINDE. J.) rlj/ 3