SAIKIA, J. :- The M.A. (F) No.17 of 1981 is from the judgement dated 13-3-81 of the Assistant District Judge, Sibsagar, Jorhat in Misc. Case No.1.8 of 1.981, arising out of Title Suit No.33 of 1979, issuing temporary injunction restraining the defendants No.6. to 13 from, receiving any grant-in-aid from defendant No.1 (State of Assam) in the name of Shri Sundarmal Hindi M.E. School and also restraining the defendant No.1 from sanctioning any grant in that name. Misc. Case No.16/81 is the application under O.41, R.5 and/or S.151, C.P.C., filed by contesting defendants praying for stay of operation of the aforesaid impugned judgement. They are heard and disposed of together.

2. On 28-4-79 the Managing Committee of Shri Sundarmal Hindi High School, Sibsagar with 13 members thereof instituted Title Suit No.33 of 1979 (now pending) against the State of Assam, four of its officials, and the Managing Committee of Rajakiya Sundarmal Hindi Madhyamik Bidyalaya (Provincialised Sundarmal Hindi M.E. School) with its Headmaster and Secretary, Shri B.N. Singh (defendant No.6), and other members.

3. The following is the plaint case.

The plaintiff No.1 is the Managing Committee of Shri Sun