1. 1. I have heard at length the learned counsel for the parties in this miscellaneous appeal and I have perused the record of the trial Court.

2. The learned Addl. District Judge No.1, Bhartpur, while rejecting the application for temporary injunction filed by plaintiff-appellant, was very much swayed away by the fact that the plaintiff had previously filed a civil suit against the respondents and in that suit he had filed an application for temporary injunction bearing Civil Misc. Application No. 1/89 and that application had been dismissed by the then Addl. District Judge on August 18, 1990 and according to the Addl. District Judge, the order in the said previous application operated res judicata. The previous suit filed by the appellant had been withdrawn by the plaintiff with liberty to file a fresh suit. In such circumstances the order passed on the application for temporary injunction bearing No. 1/89 filed alongwith that suit could not operate as res-judicata. It is borne out by the decisions reported in AIR 1945 Cal. 317 and AIR 1982 Cal 17. On behalf of the respondents, Mr. R. C. Kasliwal also did not dispute the preposition that the order of rejection of the prev