M.Y.Eqbal, J.

1. This Misc. appeal, at the instance of the plaintiff-appellant is directed against the order dated 19.1.1998 passed by Subordinate Judge IV, Jamshedpur, in the District of Singhbhum (East) in Title Suit No. 35 of 1996 vacating the order of injunction dated 17.10.1996 in purported exercise of jurisdiction under Order XXXIX, Rule 4 of the Code of Civil Procedure (for short the Code) at the instance of defendant No. 1(a).

2. The facts of the case lie in a narrow compass. The plaintiff-appellant filed the aforesaid suit for specific performance of contract for sale against the Principal defendant namely, Nimai Ghose. The plaintiffs case is that defendant No. 1 sold an area of 216 Sq. ft. with a Kutcha structure thereon at TISCOS Holding No. 158, Sakchi New Planning Area, in the town of Jamshedpur to the plaintiff by a registered sale deed dated 25.4.1995 and put him in possession of the same. After purchase the plaintiff demolished the old structure and constructed pucca building over it and came in possession of the same. Subsequently defendant No. 1 being in urgent need of money further offered to sell the plaintiff an additional area of 1800 sq. ft. in contin