1. A short but interesting question of law falls for consideration in., this appeal which is directed against an order passed by the learned single Judge dismissing an application under order 7 Rule 11 for rejection of plaint so far as the appellant is concerned,

2. MR. Kar appearing for the respondent at the initial 9) such further or other order or orders be made and/or direction or directions be given as in the premises would be just. " 4. . On the factual score further it appears that the claim of the plaintiff as against fee appellant arose out of loss and damage sustained by the plaintiff for alleged non delivery of 44 bundles of M. S. Channels carried by the vessels "vishawnesh" under two bills of lading being No. 1 and 3 dated 2nd July, 1982 from Inchem, Korea to Calcutta. It further stage raised a. preliminary objection as regards the. maintainability of the appeal since the order under appeal cannot be termed to be a judgment within the meaning of Clause 15 of the Letters patent. Mr. Kar submitted that the order of the learned trial Judge has not decided the disputes finally in any by affecting the merits of fee matter and all the "issues have been kept open by th