U.L. Bhat, C.J.

1. The appellant in this letters patent appeal filed a suit against the respondents herein and prayed for an order of injunction under Order 39, Rules 1 and 2, Civil Procedure Code. The Court passed an order which was not to plaintiff's satisfaction. The plaintiff thereupon filed a miscellaneous appeal in this Court. A learned Single Judge dismissed the appeal.

2. The question which arises for consideration is whether letters patent appeal is maintainable. We are told that a similar question has been referred by a Division Bench to the Full Bench of this Court. In view of what we propose to indicate hereinafter, we think it unnecessary to refer this case to Full Bench or to wait till the Full Bench disposes the reference already made.

3. The order passed by the trial Court in this case is appealable under Order 43, Rule 1, Civil Procedure Code. An appeal lies against such an order by virtue of Section 104(1)(i) of the Code. Sub-section (2) of Section 104 states that no appeal shall lie from any order passed in appeal under this section. This provision is a complete bar against a second appeal in a matter covered by Order 43. Civil Procedure Code. This position of