The court emphasized a justice-oriented approach in handling applications under Section 5 of the Limitation Act, particularly when ex parte orders disrupt the functioning of a society.

JUDGMENT :

(Raja Basu Chowdhury, J.)

1. Leave is granted to the petitioner’s advocate on record to correct the cause title thereby deleting the word Appellate Side therefrom. Leave is also granted to incorporate the proper valuation of the application and to correct the prayer portion, in course of the day.

2. Challenging the orders dated 5th December, 2024 passed by the learned District Judge, South 24-Parganas, Alipore, in Misc. Appeal Nos. 403 and 404 of 2024, the above revisional applications have been filed.

3. In order to appreciate the controversy involved, it is necessary to set forth the facts leading to filing of the aforesaid revisional applications.

4. The records would reveal that the opposite parties had instituted a suit before the Court of learned 4th Civil Judge,(Junior Division) at Alipore which was registered as T.S. 1776 of 2024, inter alia, praying for the following reliefs:

“a) Leave under Order II Rule 2 of the Code of Civil Procedure, 1908;

b) A decree of declaration may be passed declaring that the requisition issued by the defendant no. 1 to 12 on 31st August, 2024 is a nullity and as such, cannot be acted upon;

c) A decree of declaration may be passed declaring that the notice dated 29th September, 2024 calling a Special General Meeting of the proforma defendant society is a nullity and as such cannot be acted upon;

d) A decree of declaration may be passed declaring that the minutes of the meeting of the purported Special General Meeting of the proforma defendant society held on 30th September, 2024 at 9.30 a.m. is a nullity and as such, cannot be acted upon;

e) A decree of permanent injunction may be passed restraining the defendants from giving any effect and/or further effect to the requisition issued by the defendant no. 1 to 12 on 31st August, 2024;

f) A decree of permanent injunction may be passed restraining the defendants from giving any effect and/or further effect to the notice dated 29th September, 2024 calling a Special General Meeting of the proforma defendant society.

g) A decree of permanent injunction may be passed restraining the defendants from giving any effect and/or further effect to the minutes of the meeting of the purported Special General Meeting of the proforma defendant society held on 30th September, 2024 at 9.30 a.m.;

h) A decree of permanent injunction may be passed restraining the defendants from operating the bank accounts of the proforma defendant society in any manner whatsoever unless the instrument of payment, including cheque, NEFT and RTGS are signed by the Chairman of the Defendant No. 1 Society, Col, Amitava Poddar;

i) injunction;

j) Receiver;

k)Attachment before judgment;

l) Commissioner;

m)Costs;

n) Such further and/or other reliefs.

5. Simultaneously, with the filing of the aforesaid suit the plaintiffs/opposite parties moved an injunction application seeking temporary injunction restraining the defendants from giving effect to the requisition issued by the defendant nos. 1 to 12 and the defendant nos. 14 to 39 on 31st August, 2024 as also for an order of temporary injunction restraining the defendants from giving effect and/or further effect to the minutes of the special general meeting of the proforma defendant society held on 30th September, 2024 at 9.30 a.m.

6. By an order dated 5th October, 2024 the learned Court upon hearing the plaintiffs was, inter alia, pleased to observe that it did not find any strong prima facie case for trial and as such refused to pass any ad interim order in favour of the plaintiffs at that stage. Records would, however, reveal that an application under Section 151 of the Code of Civil Procedure was moved on 7th October, 2024. The learned Court considering the urgency involved had taken up hearing of the said application and while allowing the same had restrained the defendants from giving effect to the notice/e-mail dated 6th October, 2024 and the minutes of the meeting held on 30th September, 2024 as also restrained the defendants from obstructi