CHARU DEKA Vs. UMESWARI NATH

JUDGEMENT

(1.) In this application under Section 115 of the Civil P.C. read with Art. 227 of the Constitution of India, the petitioner has challenged an order of the Munsiff (I) Morigaon made on 2-2-1993 in Misc (J) Case No.75 of 1992 arising out of Title Suit No. 27 of 1992 granting ad interim injunction under O.39, R.I, C.P.C.

(2.) Mr. A. M. Mazumdar, learned counsel for the opposite party-I, has submitted that the impugned order is appealable to the District Court and, therefore, no revision lies to the High Court under Section 115, C.P.C.

(3.) In the present case, the Munsiff made the impugned order under Order 39, Rule (1), granting interlocutory injunction. Such an order is appealable under Order 43, Rule 1(r). However, an appeal shall lie to the District Court and not to the High Court, and no second appeal shall lay to the High Court in view of Section 104(2), C.P.C.