LAHIRI, J. :- One of us (Hansaria, J.) sitting singly posed the question whereupon this Bench has been constituted to answer the same :

"Whether an appeal lies under O.43, R.1 (r) of the Civil P. C. 1908, against an ex parte order of ad interim injunction?" (Emphasis added).

2. In our opinion, the answer sought is very much there in the question itself. If an order of ad interim injunction is passed under O.39, R.1 or 2 of the Civil P. C., whether ex parte or otherwise, it is appealable, as O.43, R.1(r) enables a party aggrieved by any order under O.39, R.1 or 2 to prefer an appeal. However, the question requires further consideration as although this High Court has persistently and consistently held, since its inception, that an appeal does lie against an order of ad interim injunction if rendered under O. 39, R. 1 or 2 and the rule was confirmed by Mehrotra, C. J. in United Club v, Nowgon Foot Ball Association, AIR 1964 Assam 81. This court permits appeal against any order made under O.39, R.1 or 2, ex parte, speaking or non-speaking. However, the opposite view has been expressed by some High Court and hence the reference.

3. To resolve the question it is necessary