V. BHASKARA RAO, J.

( 1 ) THIS revision petition arises from an order in CMA. SR. No. 3086/1997 returning the C. M. A. as not maintainable since the impugned order was passed under Section 151 of the Code of Civil Procedure and not covered by Order 43 Rule 1 Clause (r) of the Code of Civil Procedure.

( 2 ) THE revision petitioner is defendant in O. S. No. 486/1996 and respondent in IA. No. 2450/1996 which is filed under Order XXXIX Rule 1 of the Code of Civil Procedure for temporary injunction. The revision petitioner filed a counter therein and he is contesting the same. While that petition was pending, the respondent-plaintiff filed I. A. No. 3271 /1996 purportedly under Section 151 c. P. C. and sought for a similar remedy though styling it differently. The learned Principal District Munsif, Eluru, allowed that petition on the ground that no counter has been filed by the revision petitioner. Aggrieved by the above order, the revision petitioner filed C. M. A. before the Principal District judge, Eluru, who returned the same on the ground that C. M. A. is not maintainable. It is this order that is assailed in this revision petition.

( 3 ) THE substance of the order in I. A. No. 327

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