1. The subject of this revision is an ex parte order of "Injunction and notice" passed by the Munsiff's Court at the instance of the plaintiff-respondent, restraining the defendant-petitioner from trespassing upon item 1 in the plaint. The respondent challenged the maintainability of the revision, contending that an appeal alone will lie from the order to the District Court - even if the petitioner does not choose to appear in the trial court in answer to the notice and contest the interim order - while the petitioner asserted that the order is not appealable and that a revision is his only remedy. That is the sole question in this revision.

2. 0.39, Code of Civil Procedure, deals with temporary injunctions and by R.1 and 2 empowers the court to issue orders of injunction under the circumstances specified therein. R.3 provides that before granting an injunction the court shall direct notice of the application to be given to the opposite party except where it appears that the object of granting the injunction would be defeated by the delay. The proviso to R.3, introduced by the recent Amendment Act 104 of 1976, lays down that the Court has to record its reason for issuing