R.Pal, J. - (1.) - The facts of the case have been narrated fully in the judgment of my learned Brother. While concurring with the findings of my learned Brother I wish to add a few words.
(2.) The original exparte order obtained by the respondent is dated 28th August, 1998. It directed maintenance of status quo and made the application returnable on 1st September, 1998. The appellant was given an opportunity to apply for vacating or modifying the order upon notice to the respondent. On 1st September, 1998 the appellant appeared. The order of status quo was directed to continue and directions were given for filing of affidavits.
(3.) The grievance of the respondent before us is that the appellant did not prefer any appeal from the order dated 1st September, 1998 and instead of filing an affidavit in opposition and having the matter heard and disposed of, filed an application for vacating the interim order.;