The questions involved in this Writ Petition are: (1) Whether the Appellate Court which has no jurisdiction to deal with an appeal, should return the Memorandum of Appeal to be presented before the proper court; (2) After holding that it has no jurisdiction, could the Appellate Court decide the appeal on the merits; (3) Whether absence of a specific provision in the Code of Civil Procedure to return a Memorandum of Appeal would preclude the Appellate Court from returning the Memorandum of Appeal in a case where it has no jurisdiction and (4) Whether Order XXIII Rule 1 applies to Appeals and whether the Appellate Court has power to allow an Appeal to be withdrawn.

2. The writ petitioner filed O.S.No.21 of 2008, on the file of the Court of the Subordinate Judge, Mavelikkara, against the respondent for specific performance of an agreement for sale. An application for temporary injunction was filed by the plaintiff. The trial court dismissed the application. The writ petitioner filed a Civil Miscellaneous Appeal before the District Court. The respondent raised a contention that the lower Appellate Court has no jurisdiction to entertain the appeal, since the valuation of the