Valmiki J. Mehta, J.—This first appeal under Order XLIII Rule (1)(r) of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit against the impugned order dated 14.3.2017 by which the trial court has allowed the application under Order XXXIX Rule 1 and 2 CPC filed by the respondent/plaintiff. By allowing the application, effectively, the trial court has directed continuation of service in private employment of the respondent/plaintiff with the appellant/defendant. The operative portion of the impugned order dated 14.3.2017 is not happily worded, however, the effect of the impugned order is not only to continue contract of private employment inspite of the same being terminable by a three months notice period, the impugned order also results in granting of the final relief by way of impugned interim order:-

“In consideration of above, the defendant is directed to conduct proper inquiry as per clause 22 of the appointment letter. It is also to be noted that subsequent to e-mail dated 17.02.2017 by the defendant, there is another e-mail dated 04.03.2017 intending to terminate the employment henceforth on payment of salary for three months. Both