( 1 ) THIS appeal has been filed by the defendant against whom an order of ad-interim injunction has been passed.

( 2 ) A preliminary objection was raised by the learned counsel for the respondent to the maintainability of the appeal. He argued that an order passed under Rule 3 of order 39 Civil Procedure Code is not appealable under Clause (r) of Rule 1 of order 43 Civil Procedure Code. I find that this question was considered by a division Bench of the Calcutta High Court in Sarajuprasadsingh v. Gangaprosad, air 1951 Cal 446. It was observed therein by Roxburg, J. , that such an argument confused the temporary and limited nature of the injunction with the question of the finality of the order itself. Whether an order of injunction is to operate only till cause is shown by the opposite party against it or it is to continue to remain in force till the disposal of the suit itself, it is nonetheless an order of temporary injunction within the meaning of Rule 1 or 2 of Order 39 Civil Procedure Code. Such an order would be appealable under Order 43 (1) (r) of the Code of Civil procedure. The same view was taken by the Allahabad High Court in the case of L. D. Meston school Society v. K

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