Hon’ble B. Amit Sthalekar, J.—This writ petition has been filed for a direction to reject the plaint of the original suit No. 1529 of 2012 (M/s Uflex Limited v. Jawala Engineering Private Limited and others) and further to set aside the impugned ex parte stay order granted by the Civil Judge (Senior Division) dated 23.11.2012 in the said suit.

2. Sri M.K. Gupta and Sri Samit Gopal have filed their appearance today on behalf of the respondent and have raised a preliminary objection that this writ petition is not maintainable in view of the provisions of Order 43 Rule 1(r) C.P.C.

3. Sri Sunil Kumar, learned counsel for the petitioner has raised a objection that appeal under Order 43 Rule 1(r) is not maintainable.

4. Replying to this objection Sri M.K.Gupta has placed a reliance on a Full Bench decision of this Court in Zila Parishad Budaun and others v. Brhma Rishi Sharma, AIR 1970 All 376. The relevant portion of the Full Bench is contained in paras 16 and 18 of the judgment which reads as follows :

“16. The language and the object of Rule 1(r) of Order 43 and the scheme of Rules 1 to 4 of Order 39 show that an appeal also lies against the ex parte order of injunction. As so