R.K.Choudhary, J.

1. The plaintiff is the petitioner in this case. He instituted Title Suit No. 129 of 1961 for, amongst others, a declaration that the execution for eviction of a decree passed in title suit instituted by We defendant No. 1 (hereinafter to be referred to as the defendant) against the plaintiff was illegal and for an injunction restraining the defendant from taking delivery of possession in pursuance or that decree a prayer for ad interim injunction was made by the petitioner and it was granted on the 3rd of October, 1961. On the 2lst of November, 1961, that order of ad Interim injunction was made absolute as the defendant am mot appear to contest. Soon, thereafter, on the 24th of November, 1961, the defendant made an application for recalling the order of injunction on the ground that the notice of the ad interim injunction was not served on him and the same was suppressed, and also on the ground that this was not a fit case for granting any injunction. The trial Court, after hearing the parties, recalled me order of injunction on the 9th of December, 1961, and refused, on the facts of the case, to grant any injunction. An appeal against that order by the p