Sreemath Deivasikama... v. M.R Govinda Rao Rece...

The objection is taken that no appeal lies. The order of the Subordinate Judge is one merely ordering notice as required by R, 3, O. 39. There is no appeal against such an order under O. 43. R. 1, cl. (r).

There is no other provision pointed out, under which an appeal lies. We uphold the preliminary objection and dismiss the appeal against order with costs.

W. S. S.Appeal dismissed.