JUDGMENT - V.S. SIRPURKAR, J. :--Being aggrieved by the refusal to decide the application or to grant any interim relief on the application under Order XXXIX, Rules 1 2 of the Civil Procedure Code, the appellants/plaintiffs have come up in this appeal. An injunction application has been filed by the plaintiffs. However, on the date when it was fixed i.e. on 9-11-1993 it seems that the learned Counsel for the applicants was present before the trial Court. However, the only order which is passed on the application of the plaintiffs is as follows :-

"Plaintiff and his advocate absent when called on 8-9-1993, 6-10-1993 and also on 27-10-1993. It appears that the plaintiff has no urgency of the matter. Defendant and his Counsel are also absent.

ORDER : The application be kept for hearing with main suit."

2. Being aggrieved by this order, the plaintiff filed the present appeal under Order XLIII, Rule 1(r) of the Civil Procedure Code. Thus the Court has neither allowed the application nor has it refused the same on merits. Therefore, the question is whether this order could be said to be the order covered under Order XLIII, Rule 1(r) of the Civil Procedure Code. Order XLIII, Rule 1(r) r

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