This petition is in essence a petition for transfer of Civil Suit No. 173 of 1953 pending on the file of the Munsiff, Manipur, under section 24 of the C. P. Code, and is treated as such. The District Judge was previously moved for transferring the suit, but without success.

2 The suit out of which this petition arises was instituted by the 3 plaintiffs under Or. 1, R. 8, C. P. C., on behalf of themselves and others in all numbering 342 persons (all women) against the Municipal Board of Imphal.

3 The dispute relates to the site known as Lakshmi Bazar, in the market area of the Town of Imphal. That site vested in the Imphal Town Fund Committee and now vests in the defendant Board, which succeeded the said Town Fund Committee in September, 1956. The plaintiffs contention is that they and their predecessors have been holding a market (for selling cloth) on this site as of right and without interruption for the last more than 60 years, and have thereby acquired a right of easement to hold a market there. Some 18 months ago the Town Fund Committee put up some sheds or covered stalls on the site assuring the plaintiffs that their right to hold the market will not be interfered with and they could occupy the sheds when completed. The plaintiffs continued to hold the market even when the construction of these sheds was going on an on their completion occupied them. But the defendant Board after it succeeded the Town Fund Committee has been trying to interfere with the enjoyment of this right of the plaintiffs through its agents provocateurs (women cloth-sellers of the New Market) whom it has granted permission to move to the stalls in question. On these allegations the main relief claimed by the plaintiffs is the declaration of their right and grant of permanent injunction against the defendant Board and its agents provocateurs, restraining them from interfering with the enjoyment of this right of the plaintiffs.

4 The plaint was presented on 18-12-56. The learned Munsiff admitted the plaint and also granted permission to sue in a representative capacity under Or. 1, R. 8, C. P. C., the same day and directed issue of summons to the defendant fixing the date of next hearing for 15-2-57. On the same day he also granted an ex parte injunction against the defendant on the application of the plaintiffs, and fixed 2-1-57 for deciding the matter finally after hearing the defendant to whom notice was directed to go.

5 On 2-1-57 appearance was put in along with an objection to the grant of temporary injunction supported by an affidavit on behalf of the defendant. Nineteen women some of whom were said to be the agents provocateurs of the defendant, also applied on that date for being made parties and the learned Munsiff ordered that they be joined as defendants. The case was then adjourned to 4-1-57 for plaintiffs counter-affidavit. It might be observed that in the objection filed by the Municipal Board and also the application filed by the 19 women to be made parties to the suit it was admitted that the site of the Lakshmi Bazar before the new constructions were put up was used exclusively by about a thousand women cloth-sellers for vending cloth.

6. On 4-1-57 plaintiffs filed their counter-affidavit and the learned Munsiff after hearing the arguments fixed 7-1-57 for order in the matter of temporary injunction. On that date the plaintiffs applied for amendment of the plaint as regards the relief. They had alleged in the plaint that the defendant Board could not take away their right to hold the market without paying compensation for the same and there was a prayer in the alternative that the plaintiffs right to a total compensation of Rs. 1,900/- be declared. It was alleged in the application for permission to amend that the alternative relief was put down as a result of accidental slip or mistake and they wanted to substitute in place of it a clause only reserving their right to claim compensation to the extent of Rs. 1,900/- if the defendan