( 1 ) THIS Rule is directed against the ex parte order No. 3 dated 6th Jan. 1977 and the ex parte order No. 7 dated 11th Jan. 1977 under Section 151 and Order 39 Rule 7 of the Civil P. C. directing for issuing a writ of commission since modified by another ex parte order No. 8 dated 14th Jan. 1977 passed by the learned Subordinate Judge, 4th Court, Alipore in Title Suit No. 2 of 1977. The aforesaid Title Suit 2 of 1977 was instituted by the plaintiff opposite party No. 1 inter alia praying for leave under Order 1. Rule 8 of the Civil P. C. for a declaration that the resolutions passed in the three meetings dated Oct. 31, 1976 and Nov. 1, 1976 by the Institution of Engineers (India) were illegal, arbitrary and void and also for a decree for permanent injunction restraining the defendants to carry into effect any of the resolutions passed in the said meeting and for other ancillary reliefs.

( 2 ) THE short facts of the case are that the petitioner No. 1 viz. the Institution of Engineers (India) was initially incorporated at Madras in 1919 under the Indian Companies Act and under the Royal Charter granted to the said institution, the said institution is constituted and