Hello,
I filed an O.S and IA. The IA was declined by the trial court and the same is pending in Appeal(CMA-1) at the district court (chief). While being so, the respondent filed for return of plaint for lack of territorial jurisdcition and the same was allowed by the lower court (Ord 7 Rule 10).... Since it is an appealable order and since it is very likely it will be set aside, we have made an appeal at district court (chief) (CMA-2) against the return of the plant order by the lower court...
Now, what happens to the pending CMA-1 (arising out of the IA)?
Since an appeal is a continuation of suit and an appeal (CMA-2) has been preferred (against Ord 7 Rule 10 order), would it mean that I can continue CMA-1?
Please help and let me know of any case laws with similar situation...
