- (1.) A Suit No. 429 of 1986 was filed by the appellant in the court of Munsif, Baghpat, district Meerut for issue of a temporary (mandatory ?) injunction against the respondents. in the said suit an application was made under Order 39, Rule 1 of the Code of Civil Procedure for issue of a temporary injunction. No interim injunction was granted on this application but the trial court issued notices on the application. Against the order issuing notices to the respondents, the appellant filed Civil Revision No. 340 of 1986 in the court of District Judge, Meerut. After filing the revision an application was made for grant of temporary injunction again. The temporary injunction was granted by an order dated 1-12-1986. The respondents filed objections to the. grant of temporary injunction. The District Judge by an order dated 15-12-1986 rejected the application for grant of temporary injunction and vacated the order dated 1-12-1986. Against the order dated 15-12-1986 the present first appeal from order has been filed under Order 43, Rule 1(r) read with Section 104, Code of Civil Procedure.
(2.) Learned counsel for the respondents has taken a preliminary objection that the appeal against the order dated 15-12-1986 is not maintainable. I have heard the learned counsel for the parties on this preliminary objection.
(3.) Section 104 of the Code of Civil Procedure is as follows : "104. Orders from which appeal lies.- (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders :- .. . .. (ff) an order under Section 35A; (ffa) an order under Section 91 or Section 92 refusing leave to institute a suit of the nature referred to in Section 91 or S.92 as the case may be; (g) an order under Section 95; (h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree; (i) any order made under rules from which an appeal is expressly allowed by rules; Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made. (2) No appeal shall lie from any order passed in appeal under this Section.";