U. L. BHAT, C.J. :- This appeal is directed against the interim ex parte order of injunction granted in a suit, namely, T.S. 32/91 against defendant (appellant) at the instance of the plaintiff (respondent) by the Assistant District Judge No. 2, Gauhati.

2. Respondent issued four cheques to the appellant in connection with a transaction between them. Appellant presented the same to the Banker but they were returned with the endorsement "refer to the drawer". According to the appellant cheques were represented on two further occasion on instructions of the respondent and were dishonoured. The ap-pellant thereupon issued registered notice dated 7-6-91 to the respondent demanding payment, as contemplated under S. 138 of the Negotiable Instruments Act, 1881 (for short "the Act"). The suit was filed on 5-7-91 praying for two declaratory reliefs, namely, (1) declaration that the appellant is not entitled to receive any amount from the respondent, and (2) declaration that provi-sions of S. 138 of the Act are not applicable in the matter of four cheques. Respondent also filed an interlocutory application being Misc. Case No. 29/91 under O. 39, R. 1, C.P.C. seeking an order of injun