BHASKAR BHATTACHARYA, J.

(1). THESE two first miscellaneous appeals were heard together. By one of the appeals, being F. M. A. T. No. 317 of 2008, the plaintiff in a suit for declaration and injunction, has challenged the Order No. 5 dated 28th January, 2008 passed by the learned Trial Judge by which the said Court refused to grant any ad interim order of injunction on an application under Section 151 of the Code of Civil procedure filed by the plaintiff during the pendency of the main application under Order XXXIX Rules 1 and 2 of the Code.

(2). BY other appeal, being F. M. A. T. No. 283 of 2008, the selfsame plaintiff has challenged the Order No. 8 dated 1st March 2008 passed by the learned Trial judge by which the learned Trial Judge dismissed the main application under order XXXIX Rules 1 and 2 of the Code of Civil Procedure.

(3). THE appellant before us filed a suit in the City Civil Court at Calcutta being Title Suit No. 2868 of 2007 thereby claiming for the following relief: (a) A declaration that the plaintiff is entitled to sell the jute bales now lying in the godown of the defendant nos. 2 and 3 in piecemeal manner through the buyers as arranged by it upon wei