BALAKRISHNA INDUSTRIAL WORKS Vs. C S VENKATACHARI

JUDGEMENT

(1.) This is a civil miscellaneous appeal against the order of the City Civil Judge dismissing an application filed by the appellant for temporary injunction. The appeal was filed on 25-1-1954, but it was not accompanied by a decretal order. Along with the appeal, an application was filed for dispensing with the production of the decretal order. Basheer Ahmed Sayeed J. by an order dated 27-1-1954, dispensed with the production for the time being, on the appellant undertaking to produce the same within six weeks. The same learned Judge made an order issuing a temporary injunction pending disposal of the civil miscellaneous appeal. The respondent filed a Letters Patent Appeal against that order, and a Division Bench of this Court, consisting of the Chief Justice and Umamaheswaram J. suspended the order made by Basheer Ahmed Sayeed J. but directed the above civil miscellaneous appeal and the Letters Patent appeal to be posted before a Bench today, and it is accordingly posted before us.

(2.) Learned counsel appearing for the respondent contends that the civil miscellaneous appeal is not maintainable, as the Memorandum of appeal was not accompanied by a decretal order. In support of his contention he relies upon Order 41, Rule 1. Civil P. C. read along with Order 43 (2) of the Code. Order 41, Rule 1 reads:

(3.) Order 43, Rule 2 says that;