NATIONAL OPEN SCHOOL Vs. APURVA MITRA

JUDGEMENT

(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:

(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.