Jain, J. -- 1. This Reference has been made to resolve the conflict between two sets of Single Bench decisions of this Court viz., Sawal Singh 2002(2) ILJ 201 = 2002(II) MPJR 169; Narsingh 2003(2) ILJ 162 = 2002(II).MPJR 165; and Hanuman Dutt 2002(4) MPLJ 354 on the point of tenability of revision against an order passed in appeal under Order 43 Rule 1 of the Code of Civil Procedure, arising from the order of the trial Court deciding application for temporary injunction under Order 39 Rules 1 & 2 of the Code. The question referred for our decision is :

"Whether the order passed in appeal under Order 43 Rule 1 of CPC deciding an application under Order 39 Rule 1 and 2 of CPC one way or the other, can be challenged by taking recourse to revisional jurisdiction of this Court under section 115 of CPC" ?

2. In Sawal Singh and Narsingh (supra), it is held that the order passed in appeal under Order 43 Rule 1 CPC in which application under Order 39 Rules 1 and 2 CPC was decided, cannot, on and after 1.7.2002 be challenged by taking recourse to revisional jurisdiction of this Court u/s 115. However, in Hanuman Daft (supra), contrary view has been expressed and it is held: "that the a