- (1.) Leave granted.
(2.) The order under challenge was passed on a writ petition. The writ petition impugned an order in an appeal against an interim order in a suit. The impugned order under challenge read, so far as it is relevant, thus: "In the meantime, the operation or the order dated 11.1. 1999 passed by the Appellate Court in Appeal No. 325 of 1997 shall remain stayed. It is further directed that the petitioner shall not be prevented by the respondents from appearing in the senior secondary examination of the year 1999. The result of the Hindi supplementary examination which the petitioner has undertaken, shall be declared within a period of 15 days. This interim order is subject to the ultimate outcome of the present writ petition,"
(3.) Learned Counsel for the appellant submits that a writ petition should not have been entertained against an appellate order in a suit. He also submits that no order of this kind ought to have been passed without first hearing the appellant. On behalf of the first respondent, it is submitted that in the Allahabad High Court the only remedy in such a situation is by way of a writ petition. He also submits that in the circumstances of the case, the interim order was justified.;