An appellate court has the authority to grant or stay interim injunctions under the Civil Procedure Code if proper procedural conditions are fulfilled.

1. This is a petition under S.115, Civil Procedure Case by the plaintiff. The facts necessary for the disposal of the case are that the petitioner is a football club under the Nowgong Football Association which has been impleaded as opposite party No. 1 to this petition. The opposite party No. 2 is Sri Nurul Amin who is the Honorary Secretary of the opposite party No. 1, and opposite parties Nos. 3 and 4 are other affiliated clubs of the Nowgong Football Association. The case of the plaintiff is that the opposite party No. 1 conducts football leagues competition yearly amongst its affiliated clubs and for its convenience to carry on the league matches the opposite party No. 1 has divided its affiliated clubs into two divisions, namely the First Division (Senior League) and Second Division respectively. The league matches for both these divisions for the year 1963 were to commence from the 3rd May, 1963. According to the plaintiff petitioner the opposite party No. 1 is governed by certain rules and the opposite party No. 2 representing the opposite party No. 1 served a notice on the petitioner club that the petitioner should participate in the Second Division League matches under the opposite party No. 1.
When this notice was issued to the petitioner, the petitioner took it as if the petitioner has been demoted from the senior position to a junior position. That being so, when the league matches were going to start the petitioner filed a suit before the Munsiff for a declaration that the petitioner has been wrongly demoted to the second position and thus the notice was ultra vires. The suit in effect was for a declaration of the right of the petitioner to participate in the League matches of the Senior Division and for an injunction restraining the opposite parties not to give effect to that notice and not to hold the matches. After filing the Suit the petitioner along with the plaint made an application purporting to be one under O.39, R.1, Civil Procedure Code for interim injunction restraining the opposite parties from holding the League matches and restraining the opposite parties Nos. 3 and 4 from participating in those matches.

2. The suit was filed on the 3rd May 1963. The Munsiff on that very day after hearing the counsel for the plaintiff passed the following order :
"Heard the learned lawyer for the plaintiff. Prayer for temporary injunction is allowed as prayed for. Issue ad interim injunction fixing the above date (17-5-63). Issue a notice to show cause as to why the ad interim injunction should not be made absolute till disposal of the suit."
It appears that opposite party No. 2 took notice of this injunction and filed objection and prayed for vacating the interim injunction issued by the Munsiff on the 4th May 1963. The objections filed by opposite party No. 2 were put up for hearing by the Munsiff on the 7th May 1963. The Munsiff heard both the parties elaborately on the 7th May 1963 and passed an order dealing with most of the points raised by the parties. But the Munsiff said that the defendant has raised the point that the plaintiff is not entitled to play in this year game as the plaintiff does not continue to be a member of the Association. This point required investigation and thus he gave opportunity to the parties to adduce evidence on this prayer and postponed the hearing of the objections filed by opposite party No. 1 and final decision to a later date. The opposite party No. 2, however, without waiting for the final decision of the Munsiff on the objections filed by him, filed an