- (1.) The intra-court appeal has been preferred as against the order dated 19.01.2006 passed in SB Civil First Appal No.267/04 whereby application filed under Order 22 Rule 9 Civil Procedure Code for setting aside abatement of appeal, has been dismissed.
(2.) The intra-court appeal cannot be said to be maintainable as no further intra-court appeal lies against the order passed in first appeal in view of amendment made in the Code of Civil Procedure w.e.f. 01.07.2002.
(3.) Consequently, the appeal is dismissed as not maintainable. However, the appellant is free to avail appropriate remedy in accordance with law. Appeal dismissed.;