ORDER REGARDING MAINTAINABILITY OF APPEAL

Aravind Kumar, J. :

Applicant being aggrieved by order dated 2.4.2013 passed in O.S.7879/2012 dismissing the application I.A.10 filed = under Order 22, Rule 3 of CPC read with Section 151 of CPC and consequently holding that suit has abated has preferred this first appeal under Order 41, Rule 1 of CPC.

Registry has raised following objections:

"How this appeal is maintainable against the order passed in O.S. 7879/2012 under Order 22, Rule 3 read with Section 151 of CPC and in view of Order 41, Rule 1 read with Section 96 of CPC to be clarified?

2. Parties are referred to as per their ranking in Trial Court.

Sri. M.A. Parthasarathy (hereinafter referred to as 'plaintiff) filed a suit in O.S.7879/2012 against respondent Nos. 1 to 5 seeking following reliefs :

"WHEREFORE, it is most humbly prayed that this Hon'ble Court may• be pleased to, by a judgment and decree:

(a) DECLARE that the Plaintiff is and continues to be the Chairman and Managing Director of the Defendant No. 1.

(b) DECLARE that any board meeting dated 09.01.2010 said to have to been held by the Defendant No.1 company is illegal and void.

(c) RESTRAIN the Defendant No.2 by a perma