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ABAID ULLAH KHAN,-J: -The precise question which comes up for determination before this Bench is whether an appeal against the interim order passed in a pending suit can be dismissed after its admission by the appellate Court for non-compliance with the provisions of Order XLIII, rule 3 of the Code of Civil Procedure. It may be advantageous to note in-brief the facts of the case giving rise to the issue demanding resolution. The petitioners brought a suit assailing the validity of the order passed by respondent 2 sanctioning supply of canal water to the fish farm of respondent 5 and for issuance of permanent injunction restraining the respondents from making any change in the existing arrangements regulating supply of water to the lands of various shareholders. They moved application for securing suspension of the operation of the impugned order of respondent 2 pendente lite. Their application was rejected by the learned trial Civil Judge, Sargodha, on the 30th September, 1986. Before preferring appeal against the order of the learned Civil Judge to the learned District Court, Sargodha, they did not comply with the provisions of rule 3 of Order XLIII of the Code of Civil Procedure inasmuch as they did not give notice of appeal to the respondents or their Advocate by delivering a copy of the memorandum and grounds of appeal alongwith a copy of the order appealed against. Nevertheless, the appeal was admitted to regular hearing.   The learned Additional District Judge, Sargodha, seized with the hearing of the appeal was impressed by the respondents' objection to the maintainability of the appeal due to the petitioners' failure to comply with the provisions of rule 3 of Order XLIII of the Code and consequently dismissed it in the following words of his judgment of the 5th May, 1987.   "In view of this matter, this appeal is not maintainable as laid down by Hon'ble Supreme Court in P L D 1983 S C 693, and by Hon'ble High Court in its judgment P L D 1985 Lahore 243, wherein it was also held that despite that appeal being admitted for hearing, if notices under Order 43 rule 3 CPC are not delivered to the respondents prior to the…