1 59 fa.1601.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1601 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Harshad Sathe i/b Mr. Harshad Bhadbhade for the Appellant. Mr. Prakash Mulky i/b Mr.K.C.Poojary for Respondent No.1. Mr. U.S.Samudrala for Respondent No.2. CORAM : A.S.OKA, J. DATE : 02 nd September, 2011. P.C. . Heard the learned counsel appearing for the Appellant. 2 The Appellant is the original plaintiff. The suit filed by the Appellant has been dismissed on account of failure of the Appellant to serve writ of summons. A Notice of Motion was taken out by the Appellant for restoration of the suit. By the impugned judgment and order dated 2 nd July, 2011, the Notice of Motion for restoration of the suit has been dismissed. The order impugned is not a decree within the meaning of Section 2 (2) of the Code of Civil Procedure, 1908. 2 59 fa.1601.11 Hence, the first appeal under Section 96 of the said Code is not maintainable. 3 The appeal is accordingly dismissed as not maintainable. However, it will be open for the Appellant to file appropriate proceedings in accordance with law for challenging the impugned order. 4 Civil Application No.3460 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]