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1983 Supreme(Pat) 139

HARI LAL AGRAWAL
Ram Prasad Singh – Appellant
Versus
Subodh Prasad Singh – Respondent


Judgment

1. This application in revision has been filed against the orders of the Courts below punishing the petitioner for disobedience of the Courts order passed in an injunction matter.

2. The principal question involved in this case is as to whether the petitioner is liable to be proceeded against under O.39. R.2 (3). Civil P.C. when he was not personally a party to the suit.

3. The relevant facts leading to the passing of the order, are as follows. The plaintiff Subodh Prasad Singh instituted Title Suit No. 29 of 1976 in the trial court praying to declare him as the legally appointed Headmaster of Raj Kumar and Lalji High School. Barhonia impleading the Board of Secondary Education, Bihar, through its Secretary as defendant first Party the Secretary of the Managing Committee of the School as defendant second party and Shri Vivekanand Mishra (for short Shri Mishra) as defendand third Party. The plaintiff and Shri Mishra were appointed as Assistant Teachers in the school with effect from 27-7-1960 and 25-7-1958 respectively. At that time one Jogendra Prasad Singh was the Headmaster who left the school and Shri Mishra being the seniormost Assistant Teacher was appointed the Inchar










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