ORDER
S.B. Sanyal, J.
1. Heard Mr. Ghose at some length.
2. There is a preliminary objection as to the maintainability of the Miscellaneous Appeal. The stamp reporter thought that a Civil Revision earlier filed was not maintainable in view of Order XLIII, Rule 1(r) of the Code of Civil Procedure. The stamp reporter failed to notice the provision of Section 104(2) of the Code of Civil Procedure which reads thus:
No appeal shall lie from any order passed in appeal under this section.
Order XLIII identifies the kind of orders to be passed under Section 104 of the Code of civil Procedure, which are appealable.
3. The injunction was sought by the plaintiff-appellant in an appeal against an order refusing injunction by the trial court. While the appeal was pending, an application for interim injunction was sought and the same was refused by the appellate Court. Therefore the impugned order is an order passed in appeal by the appellate Court without disposing of the appeal.
4. Section 104(2) of the Code of Civil Procedure bars an appeal from order passed in an appeal against an order like the one under Order XLIII Rule 1(r).
5. That being the reason, a Civil Revision lay in this case and not an appeal.
6. This appeal arises out of an order refusing interim injunction against the order of transfer of the plaintiff appellant. Mr. Ghose appearing on behalf of the appellant submitted that irreparable injury will be caused if the order of transfer of the appellant is not stayed because the earlier order of transfer issued in the name of the Governor was rescinded by a Government order which was not in proper form. The courts below have refused to exercise their discretion by granting injunction of the order of transfer of this appellant I am of the opinion that the court has not erred in exerise of its jurisdiction and/or has exceeded its jurisdiction in refusing to grant injunction of the order of transfer. In transfer and posting matter, there is rarely a question of irreparable loss or injury which cannot be compensated by cost and damages.
7. The appeal is accordingly dismissed as being not maintainable.
8. The hearing of the appeal in the Court of appeal below is ordered to be expedited.