( 1 ) THE caveat having been lodged, this revisional application has been heard as a contested application. In this revisional application the plaintiff/petitioner has challenged the order dated 13-3-85 passed by the learned Judge 8th Bench in charge of 12th Bench, City Civil Court, Calcutta, rejecting on the ground of maintainability, the plaintiff's application under S. 151 Civil Procedure Code for setting aside the order dated 14-8-84 whereby the application under O. 39, R. 4 of Civil Procedure Code filed by the opposite parties Nos. 2 and 3 was allowed ex prate and the ad interim order of injunction already granted was vacated, and for rehearing the petition under O. 39, R. 4 Civil Procedure Code.

( 2 ) THE plaintiff brought the Title Suit No. 660 of 1984 against the opposite party-defendants and filed an application under O. 39, Rr. 1 and 2, Civil Procedure Code for temporary injunction restraining the defendant No. 1 (United Bank of India) from making payment to the extent of Rs. 52,200/being the amount of two cheques to the defendant No. 2 (M/s. Navin Trading Corporation) or the defendant No. 3 (B. N. Jaiswal) the proprietor of M/s. Navin Trading Cor