HARISH TANDON, J. - (1.) An interesting point is raised in the instant matter, whether an aggrieved person has a remedy to file Second Appeal or an application under Article 227 of the Constitution of India is competent against an order disposing of an application for injunction filed in connection with a proceeding under section 115 of the Code of Civil Procedure.
(2.) As a prelude, a suit was filed for claiming reliefs before the Civil Court and such reliefs according to the defendant can only be granted by a special forum constituted under the Employees' State Insurance Act, 1948. The defendant took out an application for rejection of the plaint, as the reliefs claimed is barred by law.
(3.) The Trial Court allowed the said application and a regular First Appeal under Section 96 of the Code was filed by the petitioner before the Court of Appeal below. The Appellate Court, however, was not agreeing with the findings recorded in the impugned judgment and order and set aside the same with categorical observations that the suit is maintainable and the point of maintainability is set at rest. The said order of the Court of Appeal below is challenged in an application under Article 227 of the Constitution before this Court.;