MANISANA, J.:- This appeal arises from an order dated 29 October, 1988 of the District Judge, West Tripura, Agartala made in Civil Misc. Case No. 87 of 1988 arising out of T. S.No. 19 of 1987 pending in the Court of the Sub-Judge, West Tripura.

2. The respondent 1 filed T. S.No. 19 of 1987 in the Court of the Sub-Judge, West Tripura, Agartala for partition. The suit is pending in the Court of the Sub-Judge. During the Puja Vacation, the District Judge made an arrangement for holding Courts from 26 October, 1988 to 12 November, 1988. Under that arrangement Mr. M.K.Singh, the Additional Sadar Munsiff Agartala, was in-charge of the Sub-Judge during that period. However, the learned District Judge passed the impugned order of injunction on 29 October, 1989.

3. Mr. B.Das, the learned counsel for the petitioner, has submitted that the ex parte interim injunction was passed by the District Judge without any jurisdiction; and that learned District Judge while passing the orders has not considered the principles underlying under O. 39, R. 3, C.P.C. I am not expressing my view about the jurisdiction as the appeal can be disposed of on other ground.

4. Order 39, Rule 3, C.P.C. runs:

"The