Appeal against order 26 of cpc

Anup Gupta (Querist) 13 February 2015 This query is : Resolved
Dear Members.
We had filed an application under order 26 of CPC in suit for specific performance, for appointment of Local Commissioner for recording evidence. The said suit is pending before Hon’ble High Court of Delhi and said application u/o26 of CPC was dismissed by Hon’ble High Court as opposite party objected.
Is appeal to be filed against said dismissal order or not and if yes in which provision;
Sec. 104 & Order 43 of CPC is silent about the same.

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Devajyoti Barman (Expert) 14 February 2015
appeal lies before supreme cour.

Anup Gupta (Querist) 14 February 2015
Sir ji,should we move petition U/A. 227 of Constitution of India.

P. Venu (Expert) 15 February 2015
How is that the suit has been filed in the High Court?

Surrender K Singal (Expert) 16 February 2015
Delhi High Court has Original Jurisdiction as well. Appeal may be possible before Appellate D.B. ?

Anup Gupta (Querist) 16 February 2015
Please let me know provision

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