By the Court.—Heard Sri A.S. Rai, learned counsel for the appellant and Sri M.B. Tiwari, learned counsel for opposite party.

2. This appeal under Chapter VIII Rule 5 has been preferred questioning the very jurisdiction of the learned Single Judge to entertain the application under Section 24 Code of Civil Procedure (CPC) before this Court on the ground that the entire cause of action and the pendency of the dispute relates to the Court of Principal Judge, Family Court, Allahabad.

3. A copy of the order sheet has been filed before us which is taken on record.

4. Learned counsel for opposite party has raised a preliminary objection with regard to maintainability of the appeal.

5. We have heard learned counsel on the said issue and we have also gone through the relevant judgements in this regard.

6. Chapter VIII Rule 5 of the Allahabad High Court Rules makes a provision for appeal against the orders of learned Single Judges which is an intra-Court appeal subject to the limits provided therein. The dispute in the present appeal arises out of an application filed under Section 24 CPC before the learned Single Judge of this Court in a cause of action relating to the Family Court