IMPORTANT POINT
Where the Civil Court has jurisdiction to try Miscl. orders passed in a suit under appeal or revision, the High Court cannot convert its writ jurisdiction into an appellate or revisional court and interfere with interim/Miscl. orders of the Civil Court.

JUDGMENT

Kuldip Singh, J.-Special leave granted.

2. Swetambar Sthanakwasi Jain Samiti (the society), Petitioner No. 1 in the appeal herein, is a society registered under the Societies Registration Act. The society claims that it has established and is administering various educational institutions including Sri Ratnamuni Jain Inter College (The college) Agra. This appeal is sequel to the litigation between two rival management committees, both claiming right to manage the college.

3. It is not necessary for us to go into the details of the litigation going on between the parties for the last more than ten years. Suffice it to say that respondents 1 and 2, in the appeal herein, got a rival society, namely, RMJ Educational Society (the RMJ Society) registered under the Societies Registration Act on September 10, 1991. The society and the RMJ Society have submitted their separate schemes for the administration of the college to the Deputy Director of Education and the District Inspector of Schools, Agra. The appellants elected their managing committee on July 1, 1991 whereas respondents 1 and 2 elected a separate management committee on June 21, 1991. Both the committees have been approaching the Deputy Director of Education and District Inspector of Schools for recognition and different orders at different times have been passed by these authorities.

4. The Deputy Registrar Societies, respondent 6 in the appeal herein, by the order dated March 19, 1994 cancelled the registration of RMJ Society. As a consequence the Deputy Director of Education by the order dated March 23, 1994 directed the District Inspector of Schools to take immediate action in the matter and grant recognition to the scheme of administration submitted by the appellants. This was done and appellant No. 2, Kamal Kumar Jain was recognised as manager of the college and was permitted to manage and operate the bank accounts. The success of the appellants was, however, short-lived. The Deputy Director of Education and the District Inspector of Schools withdraw their orders and stopped the appellants from managing the college and operating the bank accounts. The appellants challenged the orders of the Deputy Director of Education and District Inspector of Schools by way of a civil suit No. 230/94 in the Court of Civil Judge Agra. The suit was transferred to the IIIrd Additional Civil Judge, Agra who by the order dated April 4, 1994 granted interim injunction as prayed for by the appellants. Moti Lal Jain, respondent 2 in the appeal herein, filed an application on April 5, 1994 before the Additional Civil Judge for being impleaded as a party in the suit. The application was dismissed by the learned Judge.

5. Respondents 1 & 2 challenged, the order of the learned Additional Civil Judge by which he granted interim relief to the appellants, the order rejecting the application for impleadment and also for quashing of the plaint, before the High Court by way of a writ petition under Article 226 of the Constitution of India. The High Court allowed the writ petition in the following terms :

"Thus, the petition deserved to be allowed partly. The prayer for quashing the plaint and proceedings in original suit No. 230 of 94 supra is rejected mainly on the ground that the petitioners have an alternative remedy under Order 7, Rules 10 and 11 C.P.C.

The prayer for quashing the order dated 4.4.1994 (Annexure 20 to the petition) is allowed and so is the case with the order dated 5.4.1994 (Annexure 23 to the petition) rejecting the application for impleadment. Both these orders are quashed totally. The application for impleadment as defendant by Sri Moti Lal Jain is allowed. The proceedings before the learned IIIrd Addl. Civil Judge, Agra in Original suit No. 230 of 94, Shri Swetambar Sthanakwasi Jain Samiti v. Regional Dy. Director of Education and others stands transferred with immediate effect to the court of the District Judge, Agra who shall transfer it to any other court of competent j