( 1 ) WHAT is in focus :- The main question, in the focus, which, revolves, round, for determination and decision, in this Letters Patent Appeal (LPA), is, "whether, an appeal would lie under Clause 15, of the Letters Patent Appeal of the Bombay High Court, applicable to the Gujarat High Court, to a Division Bench of this Court, from the judgment of a Single Judge, of this Court, recorded and rendered in exercise of Appellate Jurisdiction arising out of "appeals from Orders" involving and warranting analysis, interpretation of, and applicability of the provisions":- (i) Clause 15 and 44 of LPA of Bombay Applicable too Gujarat (ii) Sec. 100-A, 102 (2), Sec. 104 (1) and (2), 105, 106, 107 and 109 of the Civil Procedure Code (CPC) and (iii) Order 43, Rule 1 (r) and Order 45, Rules 3 of the CPC and (iv) Articles 133 (1) and (2) and Article 134-A and Article 147 of the Constitution of India.

( 2 ) THE appeal, before the learned Single Judge, came to be filed, against the, Interlocutory order of injunction, against the, order of, City Civil Court, in Original Suit, No. 4939 of 1999, for, perpetual Injunction. By virtue of the impugned interlocutory order, under Order 39 Rule 1 and 2 of CPC, recorded by the Trial Court, and challenged before, the Learned Single Judge, upon hearing the parties, came to be modified, with, certain directions and observations. Thus, in reality, issue of appealability of interim order, pending, the Appeal from Order passed by the Learned Single Judge, is the soul and substratum of this LPA.

( 3 ) WHETHER, an interlocutory - discretionary order amounting to judgment of the Learned Single Judge of this Court recorded in Appeal against the Order arising out of the original pending Civil Suit before the City Civil Court, could be questioned by invoking the aids of Clause 15 of the LPA of Bombay, as applicable in Gujarat, before the Division Bench of this Court, is the main question which has surfaced, in this LPA, for our adjudication, against the interim order and judgment of the Learned Single Judge of this Court recorded, on 4. 11. 1999, in a Civil Application preferred in an Appeal from Order.

( 4 ) FACTUAL Matrix: Obviously, the skeleton relevant and material, projection of facts, giving rise to this appeal, may be, necessary to be highlighted, so as, to appreciate, the merits of the appeal and the serious challenge against the impugned order including tenability of L. P. The Appellant is the Respondent in the Appeal from Order and the Plaintiff in the Original Civil Suit, and, therefore, hereinafter referred to for the sake of brevity, and, convenience, as Plaintiff, whereas, respondents before us are the appellants in the Appeal from Order and original defendants in Regular Civil Suit No. 4939/99 and, therefore, hereinafter, referred to, as the Defendants.

( 5 ) THE original Plaintiff, by filing the aforesaid suit for declration and injunction, inter-alia, contended against the original Defendants before the City Civil Court, at Ahmedabad, and pleaded that he is one of the businessmen doing his business, in Ahmedabad, and the action of the Defendants, Gujarat Chamber of Commerce and Industries (GCCI) in revising the fees for admission and subscription against the provisions of the Constitution of the GCCI and is, therefore, illegal and without any authority. It was, also, contended by the plaintiff that he being a local person and doing business, is entitled to be a member of defendant-GCCI. In substance, therefore, the revision of memebership and admission fees was sought to be quashed by filing a suit.

( 6 ) ALONG with the suit, an application for interlocutory injunction under Order 39 Rule 1 and 2 of CPC came to be preferred. The Trial Court was pleased to issue notice of motion and after hearing both the parties, allowed the notice of motion by its order, dated 30. 9. 99, whereby, the defendant-GCCI was restrained from implementing and recovering the admission and membership fees as