ORDER :- This Rule is directed against an order of the learned Munsif, passed under O. 32, R. 2, Civ. P. C., directing a plaint field by a Mahomedan girl, admittedly, just over 15 years of age on the date when the suit was filed, i.e., 24-5-1947, ((?) to be taken off the file. The learned Munsif was of the opinion that she being under 18 years of age was a minor, according to the Indian Majority Act, and so in view of the provisions of O. 32, R. 1, Civ. P. C., it was necessary that the suit by her should have been instituted in her name by her next friend.

2. A preliminary point was taken on behalf of the opposite party that an appeal did lie against the order of the Munsif, and so the application, under S. 115, Civ. P. C., was not maintainable. O. 43, R. 1 has not included an order passed under O. 32, R. 2 among the orders from which an appeal will lie under the provisions of S. 104, Civ. P. C.I am unable to agree with the learned Advocate for the opposite party that such an order under O. 32, R. 2 should be read to amount to an order under O. 7, R. 9, returning a plaint to be presented to the Court in which a suit should have been instituted. This is not a case of return of the pl

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