( 1 ) THIS second appeal is directed against the order dated April 3, 1991 passed In Shri B. L. Garg. Senior Sub Judge. Delhi whereby the has dismissed the appeal Filed on behalf of the appellants and affirmed the order dated May 19, 1990 passed by Shri Rajesh Kumar Sub Judge 1st Class. Delhi. The trial court on May 19, 1991 has passed a decree of mandatory injunction in favour of the respondent-plaintiff and against appellant No. 3/defendant No. 3 directing them to issue a recognition letter to the respondent-plaintiff in terms of the application dated August 23, 1989 under the provisions of Delhi School Education Act and Rules within a period of one month from the date of the order for 300 students.

( 2 ) RELEVANT facts leading to the filing of this second appeal are that the respondent which is a society registered under the Societies Registration Act, 1860 applied to the appellant No. 3 for recognition of a Nursery Teachers Training School vide application dated August 23,1989 but the appellant No. 3 did not take any action on the said application within the prescribed period of four months as required under Section 4 (2) of the Delhi School Education Act (hereinafter referred to as the act ). However, despite service of the notice under Section 80 of the Code of Civil Procedure dated December 26, 1989 served on the appellants, no recognition letter has been issued in favour of the respondent. Hence, the respondent is constrained to file the suit for mandatory injunction with a prayer for directions to the appellants to issue recognition letter to the respondent-society for running the classes of Nursery Teachers Training of at least 300 students.

( 3 ) THE appellants-defendants, in the written statement, have raised preliminary objections-firstly that the suit is not maintainable under Section 25 of the Act and further it was barred under Section 80 of the Code of Civil Procedure. It was further stated that no cause of action arose in favour of the respondent-plaintiff and against the appellants-defendants as the respondent never moved any application to the appellants for grant of recognition. Therefore, the question of taking any action in this regard by the Director of Education docs not arise and further no question arises for contravention of Section 4 (2)of the Act. The trial court vide order dated 19th May, 1990 has decreed the suit after holding-that the school stood recognised as the application Filed by the respondent-plaintiff for the recognition of the school has not been granted within the stipulated period of four monhts as provided in the Act- and, therefore, the school automatically stands recognised and consequently decree for mandatory injunction was passed in favour of the respondent-plaintiff and against the appellant No-3-defendant No. 3 to issue recognition letter to the respondent in terms of the application dated 23. 8. 1989 under the provisions of the Delhi School Education Act and Rules within a period of one month from the date of the order for 300 students.

( 4 ) AGGRIEVED against the order dated 23. 8. 1989 the defendants-appellants filed an appeal which was dismissed vide impugned order dated 3rd April. 1991 passed by Shri B. L. Garg, Senior Sub Judge, Delhi.

( 5 ) BEING aggrieved against the appellate order dated 3rd April, 1991, the appellants- defendants preferred the present second appeal before this Court. This appeal was admitted vide order dated 8th April, 1992 and the following substantial question of law was formulated:

"1. Whether Section 4 (2) of the Delhi School Education Act can be said to be a deeming provision by which a school would be deemed to have been recognised in case action is not taken by the appropriate authority in taking a decision on the application of a School for recognition within four months of the receipt of such application? 2. Whether civil court has jurisdiction to entertain the suit?"

( 6 ) MR. S. K. Mahajan, learned counsel for the app