1. This appeal is brought on behalf of the defendant against an order of the 2nd Subordinate Judge of Arrah, dated the 12th November, 1959, in Title Suit No. 30 of 1959, granting a temporary injunction to the plaintiff restraining the defendant from executing a decree in Execution Case No. 16 of 1959.

2. It appears that in 1956 there was a hire-purchase agreement with regard to certain machineries for running a cinema between the parties, and the total price of the cinema equipment-was fixed at Rs. 35,129/-, out of which the plaintiff-respondent paid a sum of Rs. 6876/- in certain instalments. On account of the default of the plaintiff, the defendant bought a title suit, namely Title Suit No. 265 of 1958, in the Bombay High Court, to enforce the terms of the hire-purchase agreement. The suit was heard ex parte, and on the 23rd September, 1958, the Bombay High Court granted a decree in favour of the defendant for recovery of possession of the machineries from the plaintiff and also for recovery of the balance of the money due upon the hire-purchase agreement. The decree was executed by the defendant in the Court of the Subordinate Judge of Arrah in Execution Case No. 16 of 1