V.D. Gyani, J.

1. This Miscellaneous appeal under O. 43, R. 1(r). CPC arises out of an order dated 23-11-1987, passed by the Addl. District Judge, Kukshi (District Dhar), in Civil Suit No. 254 of 1987, thereby passing an ad-interim injunction (operative till disposal of the suit), restraining the appellants from (i) interfering with the plaintiff-respondent's possession of agricultural land, bearing survey No. 1/1, situated in village Sisgaon, Tahsil Kukshi, and (ii) from laying a pipe-line through the plaintiff's land, as described in the plaint.

2. The suit was filed on 16-11-1987, that very day report of the Reader was also called for, the same day it was registered and notices for settlement of issues were issued for 23-11-1987. The learned Judge has noted in his order dated 23-11-87 that by 12-30 p. m. when the case was called, the appellants were not present, as such the Court proceeded ex parte.

3. Having proceeded ex parte, the learned Judge took up for consideration, I-A. No. 2, an application for injunction, supported by an affidavit, and it was solely on the basis of this affidavit that an ad-interim injunction was passed. This order surprisingly enough, has been made