( 1 ) THIS Rule is against an order of Amaresh Roy, J. made on the 23rd November. 1971. The plaintiff instituted an Ejectment Suit in the City Civil Court. By its judgment delivered on July 12, 1971, the City Civil Court passed a decree for ejectment. The tenant-defendant preferred an appeal to this Court. It was Appeal No. 2365 of 1971. In this appeal the tenant-defendant made an application for an injunction restraining the plaintiff from executing the ejectment decree. This application for injunction came up for hearing before Amaresh Roy. J. and His Lordship dismissed the application on the 23rd November 1971. Against this order of dismissal the tenant-defendant has preferred a Letters Patent Appeal and this Rule has been obtained in connection with that appeal.

( 2 ) MR. Roy Choudhury appearing for the plaintiff in the Ejectment Suit has raised a preliminary objection. He says that the order of Amaresh Roy, J. dismissing the application for injunction is not a 'judgment' within the meaning of Clause 15 of the Letters Patent. The order according to Mr. Roy Choudhury does not affect the merits of the controversy between the parties nor does it determine