OSA No. 5/2010 30.11.2010 Present Mr. Y.K. Thakur, counsel for the applicants/Appellants. Mr. Vijay Pandit with Mr. M.A. Khan, Advocates for the respondent/Plaintiff. CMP (M) No. 391 of 2010 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. 5/2010 Present appeal has been preferred under order 43 Rule 1 ( r ) of the Code of Civil Procedure against the order dated 8.3.2010 passed by the learned Single Judge of this Court in OMP No. 427/2009, preferred in CS No. 60/2009. The present appeal under order 43 Rule 1 ( r ) of CPC cannot be maintainable as order 43 Rule 1 (r ) CPC reads as under: “ O 43.R.1 ( r ) An order under rule 1, rule 2 (rule2-A), rule 4 or rule 10 of Order XXXIX” “ The learned Single Judge has rightly observed that without filing written statement, application filed under order 7 Rule 11 (a) and (d) read with Section 151 CPC for dismissing the suit, is not maintainable. However, liberty has already been given to the appellant (defendant in CS No. 60/10) to take all such objections available to him under law by way of filing written statement. Since the appeal is not maintainable, therefore, without making any observations on the merits of the case, the present appeal is dismissed, so also the pending application (s). ( R.B. Misra ), J. ( Sanjay Karol ),J 30th November,2010 (sl)