1. This intra Court appeal has been preferred as against the order dated 6.8.2009 passed in S.B. Civil Writ Petition No. 4114/2007 by Single Bench allowing the application under Section 65 of the Evidence Act with respect to agreement dated 2.10.1999 in a pending civil suit.

2. It is not in dispute that Civil Suit No. 67/2007 is pending before the trial Court i.e. Additional District Judge, Jaipur City, Jaipur. The prayer for adducing the secondary evidence was disallowed by the trial Court by the interim order dated 12.4.2007 passed in the course of trial. Aggrieved thereby, as revision is barred under Section 115 of the Code of Civil Procedure , as suit is not finally disposed of by such an order, writ petition came to be filed, which has been decided by Single Bench of this Court by order dated 6.8.2009. On due consideration, the Single Bench has allowed the writ-application. Aggrieved thereby, the instant intra Court appeal has been preferred.

3. At the outset, Mr. J.P. Goyal, Counsel appearing on behalf of respondent No. 1 has raised preliminary objection that intra Court appeal is not maintainable in view of the decision rendered by Division Bench of this Court in Sukh