R.S.Narula, J.

1. The only question arising in this revision petition whether an appeal under Clause (r) of Rule 1 of Order 43 of the Code of Civil Procedure lies or not against an order declining to grant an ex-parte temporary injunction on an application under Order 39, rule 1 or rule 2 of the Code. It is needless to go into the detailed facts of the case for deciding the above question. In December, 1964, Chanan Singh etc., respondents, who were the tenants, filed a suit for a permanent injunction restraining Iqbal Singh and others, the landlords, from interfering with the possession of the tenants in the land in dispute either under an order of ejectment, which had been obtained by the landlords against the tenants from the Court of the Revenue Assistant concerned or otherwise, as they claimed to be the lessees in occupation of the land. Along with the petition of plaint, they filed an application for a temporory injunction pendente lite. The application does not show under what provision of law it was made, but I have read the same and it is obvious that the temporary injunction was prayed for under rule 2 of Order 39 of the Code. This application, dated 23rd December,