- (1.) A short but interesting question of law falls for consideration in. , this appeal which is directed against an order passed by the learned single Judge dismissing an application under order 7 Rule 11 for rejection of plaint so far as the appellant is concerned,
(2.) MR. Kar appearing for the respondent at the initial 9) such further or other order or orders be made and/or direction or directions be given as in the premises would be just. " 4. . On the factual score further it appears that the claim of the plaintiff as against fee appellant arose out of loss and damage sustained by the plaintiff for alleged non delivery of 44 bundles of M. S. Channels carried by the vessels "vishawnesh" under two bills of lading being No. 1 and 3 dated 2nd July, 1982 from Inchem, Korea to Calcutta. It further stage raised a. preliminary objection as regards the. maintainability of the appeal since the order under appeal cannot be. termed to be a judgment within the meaning of Clause 15 of the Letters patent. Mr. kar submitted that the order of the learned trial Judge has not decided the disputes finally in any by affecting the merits of fee matter and all the "issues have been kept open by the learned trial Judge for being adjudicated in the suit.
(3.) BEFORE adverting to the rival contentions a brief reference to the factual aspects ought to be noted at this juncture. The plaintiff being the respondent herein has instituted a suit inter-alia against the Steel Authority of India Ltd. National Insurance Co. Ltd. and the appellant for a Rs. 3,75,303. 50p with interim interest and interest on judgment at the rate of 12% per annum. Alternatively, the plaintiff has prayed for an enquiry into damages suffered by the plaintiff and decree for such amounts as may be found due and payable. She plaintiff has also prayed for appointment of a Receiver and also for am order of injunction. In the suit the appellant herein moved an application inter-alia for the following reliefs ; - "a) The plaint filed in the present suit as against the defendant Mo. 2, be rejected; b) Alternatively the suit as against the defendant no. 2, be dismissed. c) An order of injunction be issued restraining the plaintiff from taking any or any further steps in this suit as against the defendant no. 2, till the disposal of the present application; d) Alternatively an order be made and/or directions given directing that the present suit be not transferred to the list of undefended suit as against the defendant no. 2. e) Ad-interim order in terms" of the prayers (c) and (d) above. ; f) Suitable provisions be made as to the costs of and incidental to this application ; such further or other order or orders be made and/or direction or directions be given as in the premises would be just. ";