ORDER :- The defendant in the suit is the appellant. The plaintiff who is the respondent in this appeal was the Secretary of the Board of Trustees in charge of the Thyagaraya Chetti Educational Institution and of which Board the defendant-appellant was the President. The plaintiff filed a suit against the defendant for reliefs of injunction etc. and, incidentally, filed a petition, I. A. No. 6291 of 1973, under Order XXXIX, Rule 1, Civil P. C. for an order of temporary injunction to restrain the defendant from calling for a meeting of the Board of the Trustees in the alleged exercise of his right as President of the Board of Trustees. The contention of the plaintiff was that he, in his capacity as secretary of the Board of Trustees, was the person solely competent to call for a meeting of the Board of Trustees and no one else could usurp his powers. The learned V Assistant Judge, City Civil Court, who heard the petition did not accept the case of the plaintiff and dismissed I. A. 6291 of 1973.

2. Against the dismissal of the petition, the plaintiff preferred C. M. A. 36 of 1973 to the City Civil Court and once again sought interim orders in C. M. P. 49 of 1973 for a temporary injunc

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