Sanjeev Sachdeva, J.

1. The controversy as of now that has arisen is whether from the impugned order an intra court appeal would lie under section 10 of the Delhi High Court Act, 1966 (hereinafter referred to as the Act) or not?

2. The impugned order is not an order from which an appeal is specifically provided either under the Code of Civil Procedure, 1908 (hereinafter referred to as the Code) or under any other special law.

3. An objection was raised by the respondents with regard to the maintainability of the appeal under section 10 of the Act and it was contended that assuming though not admitting, even if the impugned order satisfies the test as laid down in Shah Babulal Khimji v. Jayaben D. Kania, (1981) 4 SCC 8, in other words, it affects vital and valuable rights of the parties and decides matters of moment and thus an appeal would lie from the order of the learned Single Judge, the appeal in its present form would not be maintainable.

4. The parties were heard on this limited question and the present order is being passed deciding the issue of maintainability of the appeal in its present form. The examination is limited to the maintainability of the appeal under se