R.D. Shukla, J.

1. This appeal is directed against the judgment order dated 9.1.92 of the Additional District Judge, Indore passed in Hindu Marriage Case No. 769/91 whereby the appellant-husband has been restrained from contracting the second marriage during the pendency of the application under Order 9 Rule 13 C.P.C. for setting-aside the ex-parte decree passed against the wife-respondent vide Civil Suit No. 768/91.

2. It is an admitted fact that on a petition filed by the appellant husband the respondent-wife was proceeding ex-parte. Thereafter, the respondent-wife filed an application for setting-aside the ex-parte decree under Order 9 Rule 13 CPC. The same is still pending before the Court.

3. During the pendency of that application the respondent-wife filed an application for temporary injunction against the husband and sought a direction that the husband-appellant be restrained from contracting second marriage during the pendency of the said application.

4. Learned Addl. District Judge vide the impugned order has restrained the appellant from contracting the marriage during the pendency of the said application. Hence this appeal.

5. Learned Counsel for the appellant has su