( 1 ) RULE Mr. Nanavati L. A. for the respondent waives service of Rule. By consent of the parties this application is ordered to be heard today.

( 2 ) ON 19-8-91 the respondent-plaintiff filed a Civil Suit No. 732/91 in the court of the learned Civil Judge (SD) Rajkot and prayed for ex parte injunction by filing application Exh. 5 in the said suit. The learned Judge after hearing the learned Advocate of the plaintiff did not grant ex parte interim injunction as prayed for; but ordered to issue short notice and make it returnable on 22-9-91 to the defendant corporation-present petitioner. The order of the said notice was received by the petitioners branch office at Rajkot on 21-8-91.

( 3 ) AS no ex parte injunction was granted by the learned Civil Judge the respondent herein rushed before the learned Assistant Judge Rajkot by way of an appeal under Order 43 Rule 1 of C. P. C. Admittedly it was an order issuing notice only therefore no Appeal from Order would lie against that order under Order 43 Rule 1 C. P. C. Still the learned Assistant Judge on 20- 8-91 issued ex parte injunction as prayed for by the present respondent-plaintiff though the learned Civil Judge ma