ORDER :

1. This Appeal from Order under Order 43 Rule 1 of the Civil Procedure Code, 1908 is at the instance of the original appellant in C.M.A. No. 40 of 2017 and is directed against the order passed by the 3rd Additional District Judge, Gandhinagar below Exh.29 dated 01.01.2021. The impugned order is passed below Exh.29 preferred by the original opponent (wife) under Order-7 Rule-11 r/w. Section 9 of the Guardian and Wards Act, 1890 (for short ‘the GW Act’ 1890’) and Section 151 of the Code of Civil Procedure, 1908 (for short ‘the CPC’).

2. Being aggrieved by the same, the present Appeal from Order has been preferred by the appellant- husband on the ground that the Court below has returned the application filed by the appellant to be presented before the competent Court.

3. This Court at the outset questioned the maintainability of the present Appeal from Order under Order-43 Rule-1 of the CPC, in view of the expressed language of Section 104 of the CPC. Since this Court is assessing the maintainability of the present Appeal from Order, only facts germane to decide the said issued are stated herein-below.

3.1. The appellant (original appellant-husband) and the respondent(wife) entere