Honble SHARMA, J.–In a civil suit challenging the election of the office bearers of Shri Rajput Sabha, the plaintiff Thakur Mohan Singh, moved an application under Order 39 Rules 1 and 2 CPC. Learned Additional District Judge No.1 Jaipur City vide order dated January 11, 2002 allowed the application in part and granted temporary injunction in the following terms:

(i) Defendants No.2 to 22 be restrained from operating and controlling the bank accounts, properties and cash belonging to Shri Rajput Sabha without the consent and approval of Brigadier Bhawani Singh, the Permanent President of Shri Rajput Sabha till the decision of the civil suit or completion of the term of the executive whichever is earlier.

(ii) In the event of non-cooperation by the defendants No.2 to 22 the permanent President of Shri Rajput Sabha shall be at liberty to constitute an adhoc committee under Section 9(1) of the Constitution of Shri Rajput Sabha and to conduct the fresh elections within a period of three months in the larger interest of Shri Rajput Sabha.

The plaintiff as well as the defendants No. 2 to 22 have preferred the instant Misc. appeals impugning the aforequoted order of the learned court below.

(2). In the pleadings the plaintiff averred as under-

(i) Shri Rajput Sabha is a registered Society, which was registered with the Registrar of Societies, Rajasthan, Jaipur at S.No. 194/1971-72 on 8.10.1971. Its Constitution was also registered with the above authority. In the year 1993, amendments were made to its Constitution and the same were passed by its General Body on 11.4.1993. Shri Rajput Sabha was constituted for the security and well being of the interests of Rajput Community of Rajasthan. The building and land presently known as Rajput Sabha by the then Maharaja of erstwhile Jaipur State late Sawai Man Singhji. He demised on June 24, 1970 and after him his son Brigadier Sawai Bhawani Singh was recognised as Maharaja of erstwhile Jaipur State and to this effect Notification dated July 12, 1970 was issued by the Honble President of India under the written constitution of Shri Rajput Sabha and Maharaja Sawai Bhawani Singh has been invested with the highest position in Rajput Sabha. Under clauses 6, 8, 9 and other clauses of the written constitution of Shri Rajput Sabha he has been given the superior most position and authority of Permanent President and it has been ordained therein that in order to safeguard the interest of Shri Rajput Sabha and its assets and property as well as the interest of Rajput Community he shall have the authority to take all suitable steps as he deems proper from time to time. In the above written constitution there is provision for Permanent President and 21 Members of Executive, which shall include One Working President, One Deputy Chairman, One General Secretary, One Organising Secretary, one Assistant Secretary and one Treasurer. It is provided in the above written Constitution itself that the above Permanent President shall remain in authority throughout his life without any election and the other office bearers of the Executive of Shri Rajput Sabha shall be elected from time in terms of the Constitution.

(ii) It is also provided in clause 6 of the Constitution of Shri Rajput Sabha hat the General Body of Shri Rajput Sabha shall consist of all the Members of Shri Rajput Sabha. In clause 7 there is provision for a Central Council with its representative also. In short there is a provision for different tier of units of the organisational set up of Shri Rajput Sabha. At the District level there is provision for the District Councils and the Council of Shri Rajput Sabha shall consist of representatives duly elected/nominated by the above District Units. In the year 1998 rules were also framed by Shri Rajput Sabha for the extension of organisational setup of Shri Rajput Sabha whereby provision of village units, town units, Tehsil units etc. were also made.

(iii) The plaintiff, is the Life Member and Voter of Shri Rajp

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