Subhro Kamal Mukherjee, J. - (1.) Defendant No. 5 is the petitioner in this revisional application against an order dated February 21, 1997 whereby and whereunder the learned trial Judge extended the ad interim order of injunction till the hearing of the application for injunction on the prayer of the plaintiff.
(2.) In a suit for declaration and injunction filed by the opposite party No. 1, on February 7, 1997 an ex parte order of injunction was passed. On February 21, 1997, the defendant No. 2 entered appearance in the said suit and prayed for time to file the written objection. The learned trial Judge accepted the prayer of the defendant No. 2 and fixed March 18, 1997 for hearing of the application for injunction and directed the written objection, if any, to be filed in the meantime. On the said date, the plaintiff filed an application praying for extension of interim order, which was initially granted for limited period, till the hearing of the application for injunction. Considering the said application, in presence of the defendant No. 2, the learned trial Judge directed that the interim order of injunction granted on February 7, 1997 would continue till the disposal of the application for injunction. It appears from the certified copy of the order sheet that the defendant No. 5, who is the petitioner before this Court, had already entered appearance and has filed her written objection to the application for injunction.
(3.) Mr. Tapas Mukherjee, learned Advocate appearing for the opposite party No. 1 submits that the order impugned is an appealable order under Order 43, Rule l(r) of the Civil Procedure Code. I find substance in the argument of Mr. Mukherjee. Under Order 43, Rule l(r) of the Civil Procedure Code and appeal shall lie from the order passed in connection with an application under Order 39, Rules 1, 2, 2A, 4 and 10 of the Civil Procedure Code. This extension of the interim order has been granted in exercise of the power of the learned trial Judge under Order 39, Rules 1 and 2 of the Civil Procedure Code and definitely the order is an appealable one.;