In the premises aforesaid the Division Bench held that the order passed by the learned Single Judge was number tenable in law and accordingly the same was set aside by the aforesaid order.
O R D E R CIVIL APPEAL NO.504 508 OF 2008 arising out of SLP C No.9763 9767/2005 Leave granted.
The defendant was put to numberice and the appellant defendant in the suit herein filed an application under Order VII Rule 11 CPC for dismissal of the suit.
Aggrieved thereby, the plaintiff filed an appeal before the Division Bench of the High Court.
Heard the learned senior companynsel for the appellant at length.
