A person cannot be deprived of his rights without being given an opportunity to be heard.

1. This civil revision petition at the instance of a third party to the proceedings has been preferred with leave of court against the order passed in I.A. 534 of 1982 in O.S. 1675 of 1981, District Munsifs court, Tirunelveli. The circumstances under which the civil revision petition has come up before this Court may be briefly stated as under: The second respondent herein, who is a member of the first respondent society, instituted O.S. 1675 of 1981, District Munsifs Court, Tirunelveli, impleading the first and third respondents herein, as defendants, praying for a declaration that the entire proceedings of an election scheduled to be held on 20th December, 1981, was null and void and also for a consequential injunction restraining respondents 1 and 3 from conducting the election on 20th December, 1981, or on any other subsequent day prior to the disposal of the suit and for other incidental reliefs.

2. In I.A. 2125 of 1981, the second respondent herein prayed for an order of temporary injunction restraining the respondents 1 and 3 herein from in any manner conducting the election on 20th December, 1981 or on any other Subsequent date till the disposal of the suit. On 18th December, 1981, the learned District Munsif, Tirunelveli, being prima facie satisfied that the documents filed disclosed non-receipt of ballot papers and as it was apprehended that a fair election may not be held, granted an ad interim injunction and directed notice returnable by 23rd December, 1981. An appeal against this ex parte order of ad interim injunction in I.A. No. 2125 of 1981 in O.S. 1675 of 1981, was filed in C.M.A. 46 of 1981 before the District Judge, Tirunelveli, at the instance of a third party one A.L. Subramaniam, who and two others, had got themselves impleaded as respondents 3 to 5 in I.A. 2125 of 1981 by orders in I.A. 2126 of 1981, 2127 of 1981 and 2129 of 1981, respectively and who complained of prejudice and injury to him as a result of the order of interim injunction. The learned District Judge, Tirunelveli, who dealt with the appeal was of the view that the circumstances did not warrant the granting of an ex parte interim injunction and in that view, set aside the order of interim injunction passed in I.A. 2125 of 1981, and allowed. C.M.A. 46 of 1981, on 19th December, 1981 dismissing I.A. 2125 of 1931. In as much as the order of interim injunction granted by the learned District Munsif, Tirunelveli, in I.A. 2125 of 1981 was set aside, the election to the first respondent society was held as scheduled on 20th December, 1981, and out of the six ordinary members elected to the managing committee, the petitioner was one.

Against the order passed by the learned District Judge, Tirunelveli, in C.M.A. 46 of 1981, the second respondent herein preferred C.R.P. 4627 of 1981, contending that in view of a decision of a Division Bench of this Court in Abdul Shukoor Sahib v. Umachander, 1 no appeal would lie against an ex parte order of interim injunction and therefore, the order passed by the learned District Judge, Tirunelveli, entertaining and allowing such an appeal in C.M.A. 46 of 1981, should be set aside. By an order dated 15th February, 1982, upholding the objection raised by the second respondent herein regarding the non-maintainability of the appeal in C.M.A. 46 of 1981, before the District Judge, Tirunelveli, C.R.P. 4627 of 1981 was allowed. While doing so, this Court directed the court below to pass orders expeditiously in the application for injunction bearing in mind the provisions under O. 39, R. 3-A, C.P.C., to the effect that every endeavour should be made to pass such orders within 30 days from the date of grant of injunction. Thereafter I.A. 1573 of 1982 was filed by one A.L. Subramaniam, third defendant in the suit, under O. 39, R. 4 C.P.C. for discharging the ad interim injunction order passed in I.A. 2125 of 1981. In another application in I.A. 1574 of 1982, Thiru A.L. Subramaniam prayed for the grant of a tempora