JUDGEMENT
M.Y.Eqbal, J. -
(1.) Heard Mr. R.S.
Mazumdar, learned Counsel appearing for the
petitioner.
(2.) In the instant application filed under
Section 227 of the Constitution of India, the
petitioner has prayed for quashing the order
dated 7-2-2005 passed by the District Judge,
Dhanbad in Misc. Appeal No. 93 of 2004
whereby he has dismissed the appeal at the
admission stage on the ground that appeal was
not maintainable against the order passed
under Section 151 of the Code of Civil
Procedure.
(3.) Since the impugned order was passed
by the District Judge before admitting the appeal,
I do not think it necessary to hear the
respondent for deciding the question of law as
to whether the District Judge was correct in
law in dismissing the appeal as not maintainable.;
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