90» BEFORE ThE HOJ BLE HIGH COUQT OF CLKHATTIbGAfiH AT BLLA$DUPL wry; petulon No. Bar 2003 / PETITKONER :- zxshok numar Gup ba, son of 30m Natl/1 Gupta, aged ak oui 54 yrs., resident of M/s Neel am Medical l ff Agency, Indra Chowk, Ramnagar, Bhilai, Bistrict Burg (C.G.) VERSU§ Dur , Distrimt Durg (C.G.‘). ggu’riom UNDER ARTICLE 22 OF cogsmmzrigwuggi :NDIA L—j T J: S F PETI.LON :— W ELE§POM 3VJTS~ :-l. Niranj anlal Khandelwal, Through Prabhul a1 Khandelmaffw Near J‘dal at $aw lav‘iill, Nehru Nagar, / Supela, Bhilai, Tahsil and Distt. f 7 €§ w“afg \g §Q Durg (Chhattisgarh), (bé%fqL (b w) 2. Second Additional District Judge, “.6 ‘\; 99?? t" ‘ ' Durg, DiStrict Burg {c.G.) , “5‘ w” a. Fourth Civil Judge ClaSs—II, W Ham w.p.No.3239/ 29th dated June I District Judge. Durg. in Mi by which the learned Addit the appeal of the petition the“ appellant is swat taking effected on the respondent. the appeal is, dismissed un Code o£ civil Procedure. I have heard the le The learned counsel that the appeal oi the petj In the amended c deleted. k . Judgewhot within his right ground mentioned in the unsel further submitted rein was not appearing" d no notice was served on need to issue notice in this disposed of without giving wgongly . of Order 41 has already be learned Additional Distric to dismiss the appeal on t crder itself . that since respondent No.1 before the appellate Court there is him. therefore. writ petition and it can the notice. Shri H.B. Agrawal. c? By this petition undg tion of mdia. the petitio 2003 , pass ¢ . 1 e t h The learned / . Therefore . lunsel for the petitioner. r Article 227 of the constitu- has challenged the order ‘by the Second Additional . civil Appeal not; of 2001. al Diatxict Judge, dismissed herein on the ground that any step to get the service Therefore. in the circumstances. Order 41 Rule 18 o£ the t ed counsel for the petitioner. r the petitioner submits- ioner has been dismissed , l Procedure code, Rule 18 n i e d n a r c n n o i o e n WW I “i 200 3 % L § ‘ wwwftwm XI—HC-22 , mam, mama m W'm w.P.No.3239 mmmw ‘LB of Order 41 of the C.P.C. 1g Act; 49 of 1999 w.e.£¢ arder of the learned appellate 1 and the same is liable to ’ The iingly. set aisdy appeal is directed to be res‘ tored to its oxiginal number and be pzoceeded from the etage at which it was dismissed. ations and directions the It is true that Rule has been deleted vide Mendil 01.07.2002. Therefore. the ‘ court. is without juxisdictim be set aside and it. is accor‘ With the above obeerv petition stands disposed of. Certified @py as per rules . a SM . L.C.BHADOG ‘7}Judge (e “ / e /