S. D. AGARWALA, J.

( 1 ) A Suit No. 429 of 1986 was filed by the appellant in the court of Munsif, Baghpat, district Meerut for issue of a temporary (mandatory ?) injunction against the respondents. in the said suit an application was made under Order 39, Rule 1 of the Code of Civil Procedure for issue of a temporary injunction. No interim injunction was granted on this application but the trial court issued notices on the application. Against the order issuing notices to the respondents, the appellant filed Civil Revision No. 340 of 1986 in the court of District Judge, Meerut. After filing the revision an application was made for grant of temporary injunction again. The temporary injunction was granted by an order dated 1-12-1986. The respondents filed objections to the. grant of temporary injunction. The District Judge by an order dated 15-12-1986 rejected the application for grant of temporary injunction and vacated the order dated 1-12-1986. Against the order dated 15-12-1986 the present first appeal from order has been filed under Order 43, Rule 1 (r) read with Section 104, Code of Civil Procedure.

( 2 ) LEARNED counsel for the respondents has taken a preliminary objection that the appeal against the order dated 15-12-1986 is not maintainable. I have heard the learned counsel for the parties on this preliminary objection.

( 3 ) SECTION 104 of the Code of Civil Procedure is as follows :"104. Orders from which appeal lies.- (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders : -. . . . . (ff) an order under Section 35a; (ffa) an order under Section 91 or Section 92 refusing leave to institute a suit of the nature referred to in Section 91 or S. 92 as the case may be; (g) an order under Section 95; (h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree; (i) any order made under rules from which an appeal is expressly allowed by rules; provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made. (2) No appeal shall lie from any order passed in appeal under this Section. "

( 4 ) THIS section makes it clear that an appeal shall lie from only those orders which have been enumerated in this Section and from no other order. The effect is that only hose orders under the rules which have been enumerated in the Order 43, Rule 1 of Civil Procedure Code are appealable and none, others. Section 105, C. P. C. further places a bar on the filing of an appeal against an order made by a court in the exercise of its original or appellate jurisdiction unless an appeal is expressly provided against such order.

( 5 ) ORDER 39, C. P. C. lays down the provision of grant of temporary injunction and interlocutory orders. Under Order 39 Rule 1, C. P. C. the court is empowered to issue a temporary injunction in any suit. Similarly under Rule 2 the court has been given a power for issue of temporary injunction to restrain the repetition or continuance of breach in a suit. Rule 2a, C. P. C. lays down consequences of disobedience of breach of injunction and Rule 3 of Order 39, C. P. C. empowers the court to direct notice to opposite party where it appears to the court that it is necessary to do so before granting the applicant temporary injunction.

( 6 ) THE relevant portion of Order 43, Rule 1, C. P. C. as well as sub-rule (r) is quoted below :-"1. Appeals from orders.- An appeal shall lie from the following orders under the provisions of Section 104, namely :- (a ). . (r) an order under Rule 1, Rule 2, Rule 2a, Rule 4 or Rule 10 of Order XXXIX;"

( 7 ) FROM the above sub-clause (r) it is apparent that an appeal lies only against an order under Rule 1, Rule 2, R

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