( 1 ) THE order dated 20th August. 1999 passed by the learned Additional District Judge. VIIth court. Azamgarh in Misc. Civil Appeal No. 310 of 1998 reversing the order dated 17th november, 1998 passed by the learned Civil Judge. Junior Division. Azamgarh in O. S. No. 1285 of 1997 has since been challenged in this petition.

( 2 ) MR. U. K. Mishra, learned counsel for the petitioner contends that the impugned order dated 20th August, 1999 could not have been passed restraining the plaintiff from interfering with the possession and his right to rear fish and its enjoyment and or catching the same in view of the provision contained in Order XXXIX, Rule 1 of the Code of Civil Procedure. According to him, the defendant cannot take advantage of Order XXXIX, Rule 2 because of specific provision contained therein particularly in the absence of any contract between the parties. So far as the order XXXIX, Rule 1 is concerned, the defendant could have fallen back only on clause (a ). But in no way redress could have had by the defendant in clause (b) and (c) of Rule 1. As such in the absence of any ingredient within the meaning of clause (a), the order passed by the Appeal Cour