PADMNAV DAS AND ORS. Vs. DHABALESWAR SATPATHY

JUDGEMENT

(1.) THIS civil revision is directed against an interim order of injunction restraining the Petitioners from carrying on legal profession unauthorisedly.

(2.) THE Petitioner -opposite party is a Mukhtar practising at Bonaigarh. He filed Title Suit No. B of 1973 for a permanent, injunction restraining the Defendants - Petitioners from carrying on legal profession unauthorisedly. The suit was filed on 19 -12 -1973. Along with the plaint the Petitioner, filed a petition under Order 39 Rule 2, Code of Civil Procedure for issue of a temporary injunction against the Defendants. The learned Munsif posted the matter to the next day for hearing and directed issue of notice to the Defendants to show cause why temporary injunction should not be issued against them. On the next gay, i.e. 20 -12 -1973 the Defendants applied for time for one month to file show -cause. The learned Munsif allowed time till 22 -12 -1973. On ,that date the Defendants again applied for one, months time on the ground that the local lawyers were unwilling to appear on their behalf and they wanted to engage a lawyer from outside. The learned Munsif while allowing time till 10 -1 -1974 made an order of interim injunction in the following terms:

(3.) In United Club Nowgong v. Nowgong Football Association of Nowgong and Ors., A.I.R. 1951 Cal. 446, it was argued before their Lordships that Order 43 which provides for an appeal against an order presupposes the existence of an order as defined in Sub -section (sic) of Section 2, Code of Civil Procedure and if a particular order does not come within the definition of the order as defined in the Code of Civil Procedure, no appeal under Order 43, Rule 1(r) would lie. Relying on the decisions reported in Saraju Prasad Singh v. Gangaprosad Shah and Ors. : A.I.R. 1951 Cal. 446 and L.D. Meston School Society v. Kashi Nath Misra : A.I.R. 1951 All. 558, their, Lordships held that an order granting ex parte interim injunction is appealable under Order 43, Rule 1(r), Code of Civil Procedure.