S.P. Mehrotra, J.
1. It appears that the plaintiffsappellants herein filed a Suit being Suit No. 181 of 2000. In the said Suit, an application No. 7Ga2 was filed on behalf of the plaintiffsappellants herein, praying for grant of temporary injunction.
2. By the order dated 15.10.2004 passed by the learned Civil Judge (Junior Division), Jalaun, the said application No. 7Ga2 for grant of temporary injunction was rejected.
3. Thereupon, the plaintiffsappellants herein filed an Appeal being Misc. Civil Appeal No. 47 of 2004 in the Court of District Judge, Oral at Jalaun against the said order dated 15.10.2004.
4. The said Misc. Civil Appeal No. 47 of 2004, was evidently filed under Section 104 (1) (i) read with Order XLIII Rule 1 (r) of the Code of Civil Procedure.
5. By the judgment and order dated 17.7.2006 passed by the learned District Judge, Jalaun at Orai, the said Misc. Civil Appeal No. 47 of 2004, has been dismissed.
6. Thereafter, the plaintiffsappellants have filed the present Second Appeal before this Court.
7. Section 104 of the Code of Civil Procedure lays down as under:
�104. Orders from which appeal lies. (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:
[***]
[(ff) an order under Section 35A;]
[ffa] an order under Section 91 or Section 92 refusing leave to institute a suit of the nature referred to in Section 91 or Section 92, as the case may be;]
(g) an order under Section 95;
(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree;
(1) any order made under rules from which an appeal is expressly allowed by rules:
[Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made.]
(2) No appeal shall lie from any order passed in appeal under this section.�
Order XLIII, Rule 1 deals with Appeal able orders. Clause (r) of Rule 1 of Order XLIII is as follows:
�1. Appeals from orders. An appeal shall lie from the following orders under the provisions of Section 104, namely:
(a)to(q) ................................................
(r) an order under Rule 1, Rule 2, [Rule 2A], Rule 4 or Rule 10 of Order XXXIX;
(s) to(w)................................................�
A perusal of Section 104 of the Code of Civil Procedure shows that subsection (1) thereof mentions various orders against which, an appeal may be filed. Subsection (2) of Section 104 of the Code of Civil Procedure lays down that �no appeal shall lie from any order passed in appeal under this section�,
9. Hence, in case, an order is passed in an appeal filed against the orders mentioned in subsection (1) of Section 104 of the Code of Civil Procedure, no further appeal may be filed against the said order passed in the appeal.
10. As noted above, the present Second Appeal has been filed against the judgment and order dated 17.7.2006 passed in Misc. Civil Appeal No. 47 of 2004 filed against the order dated 15.10.2004 whereby an application for temporary injunction filed in Original Suit No. 181 of 2000 was rejected.
11. The said Misc. Civil Appeal No. 47 of 2004 was evidently filed under Section 104 (1)(i) read with Order XLIII, Rule 1(r) of the Code of Civil Procedure
12. Therefore, the present Second Appeal is not maintainable against the said judgment and order dated 17.7.2006 passed in the said Misc. Civil Appeal No. 47 of 2004 in view of the bar created under subsection (2) of Section 104 of the Code of Civil Procedure.
13. The present Second Appeal is consequently liable to be dismissed as not maintainable in view of the provisions of subsection (2) of Section 104 of the Code of Civil Procedure.
14. In view of the above, the present Second Appeal is dismissed as not maintainable in view of the provisions of subsection (2) of Section 104 of the Code of Civil Procedure.
15. As the Second Appeal is dismissed on the ground of being not maintainable, the present order will not come in the way of the plaintiffsappellants seeking appropriate remedy open to them under law.
16. Certified copies of the impugned judgments and orders including the formal order will be returned to the learned Counsel for the plaintiffsappellants after he submits true copies of the said judgments and orders including the formal order duly certified by him as true copies.
17. The true copies so submitted by the learned Counsel for the plaintiffsappellants will be placed on the record.
