Neutral Citation No. - 2025:AHC-LKO:23976 Court No. - 5 Case :- FIRST APPEAL FROM ORDER No. - 177 of 2025 Appellant :- Satguru Respondent :- M/S Prance Constructions Pvt. Ltd. Thru. Its Director Mr. Dinesh Bahadur Yadav Counsel for Appellant :- Ashish Verma,Rajendra Kumar Yadav Counsel for Respondent :- Kamal Kant Singh,Harshit Singh Hon'ble Abdul Moin,J. 1. Heard learned counsel for the appellant and Shri Harshit Singh, learned counsel for the respondents. 2. Under challenge is the order passed under Order 39 Rule 1 & 2 of the C.P.C. by the learned Civil Judge (Senior Division), Mohanlalganj, Lucknow in Original Suit No.2047 of 2024 In Re Prance Constructions Pvt Ltd., vs Satguru & Ors in favour of the plaintiff- respondents. 3. Various grounds have been urged by the learned counsel for the appellant in order to challenge the impugned order. However, admittedly an application under Order 39 Rule 4 C.P.C. can be filed by the appellant-defendant before the learned trial court in which he can raise all the grounds, which he has urged before this Court. 4. Considering the aforesaid, the appeal is disposed of leaving it open to the appellant to file an application under Order 39 Rule 4 of the C.P.C. before the learned trial court. It is further provided that in case the application is filed before the learned trial court, the learned trial court shall proceed to decide the application expeditiously in accordance with law, provided there is no legal impediment. Order Date :- 28.4.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench