JYOTIRMAY BHATTACHARYA, J. - (1.) This first miscellaneous appeal is directed against an Order being No.3 dated 30th September, 2015 passed by the Judge -in - Charge, 6th Bench, City Civil Court at Calcutta in Money Suit No. 239 of 2015 at the instance of the defendant/appellant. By the impugned order, the defendant/appellant was restrained from selling out, transferring, alienating and encumbering the suit property of the defendant and from creating any third party interest in respect of premises No. 21, Camac Street, Kolkata till 19th November, 2015. The plaintiff/respondent was directed to serve copy of the injunction application together with the plaint upon the defendant/appellant. The plaintiff/respondent was also directed to submit affidavit -of -service by 31st October, 2015.
(2.) Challenging the legality of the said ad interim order of injunction, the defendant/appellant has come before this Court with this appeal.
(3.) We have heard the learned counsel appearing for the parties. We are convinced with the submission made by Mr. Mukherjee, learned senior counsel appearing for the defendant/appellant that in a suit for recovery of money, such relief by way of ad interim order of injunction should not have been passed by the learned Trial Judge. We have also found that injunction order was passed by the learned Trial Judge in respect of a property which is not even the subject matter of the suit. As such, we are of the view that the impugned order is not sustainable.;