Short Note : 1. Order 43, rule 1 (r) provides that an appeal shall lie from an order under rule 1, rule 2, rule 4 and rule 10 of Order 39. Where an order of temporary injunction is issued ex parte under O.39, R.3, CPC., without notice to the other party, that order is none-the-less an order under rule 1 or rule 2 of Order 39 and would as such be appealable under O.43, R.1(r). But the appellate Court in Such an appeal will not be bound to apply its mind to all those matters which the original Court is bound to consider on cause shown by the party affected by ad interim order. To do so would amount to holding proceedings pursuant to the reply to the show-cause notice in the appellate Court 1971 JLJ 1203= AIR 1963 MP 208 relied on. 2. Without expressing any opinion on the three questions, namely, prima facie case, balance of convenience and irreparable injury. I consider it just and proper to simply set aside the impugned order, so that the trial Court will not be hampered or feel bound by the observations made by the learned ADJ in the impugned order or made by this Court while deciding the question of confirmation or vacation of the ex parte injunction already passed. Revision allowed.