- (1.) THIS First Miscellaneous Appeal is at the instance of the defendants in a suit for declaration and permanent injunction and is directed against Order No. 2 dated 15th January, 2009 passed by the learned Judge, Eighth bench, City Civil Court at Calcutta, thereby granting an ad interim order of injunction restraining the present appellants from giving effect to the notice dated 7th January, 2009 given by them to the plaintiff till 16th february, 2009 after issuing a notice to show cause why the prayer of the plaintiff for temporary injunction should not be granted.
(2.) THE defendants, instead of showing the cause, or filing any application under order 39, Rule 4 of the Code of Civil Procedure, have straightway come up with this appeal challenging the grant of ad interim order of injunction.
(3.) MR. Chatterjee, the learned advocate appearing on behalf of the appellants, at the very outset, accepted the position of law that his clients without showing any cause to the notice issued by the learned Trial Judge having decided to prefer the present appeal, within the limited scope of this appeal, his clients are not entitled to agitate their own defence against the pleading of the plaintiff or the case made out in the application for temporary injunction. Mr. Chatterjee submits that at this stage, his clients are, for the sake of argument, prepared to accept all the statements contained in the application for injunction and in the plaint to be true and their contention is that even if those allegations are true, the learned Trial Judge erred in law in granting an ad interim order of injunction restraining his clients from giving effect to the notice issued by them.;