Advocates:
['DILIP KAWADIA', '', 'RS MANKAD', 'GS RATHORE']

1

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JODHPUR

D.B. S.A.W. No.859/2009

Smt.Patience @ Asha Vs. Smt.Milicent & Ors.

Date of order

:

24.2.2010

HON'BLE MR.JUSTICE A.M.SAPRE

HON'BLE MR.JUSTICE DINESH MAHESHWARI

Mr. R.S.Mankad, for the appellant.

<><><>

This is a writ appeal under Rule 134 of the Rajasthan High

Court Rules. It is filed by the appellant, against the order, dated

8.9.2009 passed by the Single Judge in Writ Petition No.

6983/2005 whereby the learned Single Judge was please to

dismiss the writ petition of the appellant filed against an order dt.

6.5.2005 passed by the trial court in pending civil suit which

resulted in rejecting of an application made by appellant

(defendant) under O. 14 Rule 5 C.P.C.

2. We find no case to interfere in such intrim orders at this stage

in intra court appeal which really does not decide the rights of

parties. We, therefore, do not wish to consider the merits and

demerits of the controversy in the suit and in the writ petition

arising therefrom.

3.

In our opinion, the remedy of the appellant (defendant) is to

challenge the impugned order of trial court, impugned in the

writ if occasion so arise