IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 523 of 2009. Decided on: March 26, 2010 M/s Autocomps India Ltd. And another. ….. Petitiones. Versus Sirmour Sudburg Karamchari Union, Parwanoo. …… Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice For the Petitioners : Mr. Raman Sethi, Advocate. For the Respondents: Nemo. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) This petition is filed challenging the order dated 21.7.2009 passed by the District Judge, Solan in Civil Misc. Appeal No.1-S/14 of 2009. As per the said order, the order passed by the Civil Judge (Junior Division), Kasauli in Civil Misc. Application No.117/6 of 2008 in Civil Suit No.71/1 of 2008 was confirmed. That order was passed in an application under order XXXIX Rules 1 and 2, C.P.C. Though the petitioner has taken several contentions before me, in the nature of the order I propose to pass, I do not think that I should advert to all those contentions since the main contention is of the maintainability of the suit itself. That plea the 2 petitioner may raise as a preliminary issue. This Petition is hence disposed of directing the trial Court to decide the issue of maintainability as a preliminary issue. That shall be done within three months from the date of production of a copy of this judgment. I make it clear that I have not adverted to any of the contentions taken by the parties and all those contentions are left open. The Petition is dispose of, so also the pending application. March 26, 2010 (Justice Kurian Joseph) (rks) Chief Justice