JUDGMENT :

1. Leave is granted to the learned advocate-on- record for the appellant to rectify the defect regarding the preamble of the memorandum of

appeal during the course of the day.

2. At the outset, a question of maintainability

arises with regard to the present second appeal.

3. The brief backdrop is that in a suit filed by the respondents herein, an application filed by the present appellant (defendant in the suit) under Order VII Rule 11 of the Code of Civil Procedure was allowed, thereby rejecting the plaint.

4. Against such deemed decree, a regular first appeal was preferred by the respondents which, by the impugned judgment, was allowed on contest by the First Appellate Court, thereby setting aside the deemed decree of rejection of plaint, giving rise to the present second appeal.

5. Learned counsel appearing for the appellant, in support of the maintainability of the present second appeal, cites a three-Judge Bench decision of this Court in the matter of Deputy Director, Employees’ State Insurance Corporation vs. Ward Memorial Church School and Anr. reported at 2023 SCC OnLine Cal 2914 where the Hon’ble Larger Bench inter alia observed, while finding that the issue arose as t