BIDULATA DAS Vs. BRAJA BIHARI PALIT

JUDGEMENT

(1.) Plaintiff is petitioner in this civil revision.

(2.) In the suit for title, possession and permanent injunction with other consequential reliefs in respect of a house in Cuttack town, plaintiff filed an application for temporary injunction against defendant No. 1 along with the application for temporary injunction, plaintiff filed an application invoking power of the trial court to record reasons as required under Order 39, Rule 3, C.P.C., for passing an order of ex parte ad interim injunction. Trial court having refused to exercise such power, plaintiff filed an appeal against the order treating it to be refusal to pass an order of injunction. Appellate court dismissed the appeal on the finding that the appeal is not maintainable. This is grievance of the plaintiff in the revision.

(3.) Short question for consideration is whether an appeal lies against an order of the court declining to pass an ex parte ad interim order of injunction.