D. K. Seth, J. - (1.) A suit for specific performance was filed against U. P. Avas Vikas Parishad, in connection with the said suit, an application for injunction was also filed praying for restraining the defendants from cancelling the allotment. The trial court by order dated 22.5.1995 granted temporary injunction, against which an appeal being Misc. Appeal No. 33 of 1995 was filed. By an order dated 9.2.1998, the said appeal was allowed and the order dated 22.5.1995 was set aside, in the said order, the appellate court had directed return of the plaint on the ground that the suit was not maintainable in view of Section 88 of U. P. Avas Vikas Adhiniyam. 1965, in terms of Order Vii, Rule 11, clause (d), it is against this order Sri Alim Shah, learned counsel for the petitioner has moved this writ petition.
(2.) On leave being prayed for, he is permitted to convert this petition into one under Article 227 of the Constitution in the course of today.
(3.) According to Sri Shah, the appellate court cannot pass order under Order Vli, Rule 11 while deciding Misc. appeal against the order of injunction, inasmuch as his Jurisdiction is confined only with regard to the orders passed by the trial court, granting injunction. The entire suit was not before the appellate court in Misc. appeal. Therefore, according to him, direction for the return of plaint is wholly without jurisdiction.;