The main legal point established in the judgment is the maintainability of Special Appeals and the implications of the impugned order on the election process.

( 1 ) ON 17th May, 2002, after hearing learned Counsel for the parties, we issued certain directions and held that the Special Appeal is maintainable, reasons of which to be recorded later on

( 2 ) NOW we record the reasons, which are as under these two Appeals arise out of the order dated 5th April, 2002 passed by learned Single Judge in Writ Petition No 1009 (MS) of 2002 whereby directions have been issued to the Registrar, Firm, Societies and Chits, U P, Lucknow, to hold the election of the Managing committee on 20 5 2002 after due publication The learned Single Judge has further directed the Registrar to hold the election on the basis of the list which was valid on 21-03-1999, when the last election of the Man aging Committee was held and to ignore all the resolutions of the Managing Committee which were passed subsequent to 21 3 1999 by which Membership of some of the members was cancelled and the new members were enrolled

( 3 ) APPELLANTS in Special Appeal No 123 (MS) of 2002 were Respondents Nos 5 and 6 in Wnt Petition No 1009/ms/02 whereas the Appellants of Special Appeal No 122 (MS) of 200? were not party to Writ Petition No 1009/ms/02 but have preferred this Appeal on the ground that the impugned order dated 5 4 2002 curtails their vested right of franchise as they are duly enrolled Members of the Gymkhana club and deliberately they were not unpleaded as party in Writ Petition No 1009/ Vs/02 so as to suppress the material and correct facts and to mislead the Court

( 4 ) SRI K B Smha, Senior Advocate and Sri Anupam Mehrotra, Counsel for the private respondents and M/s Oudh Gymkhana Club respectively have raised a preliminary objection regarding maintainability of these Appeals on the ground that the impugned order is not a Judgment and, therefore, Special Appeal is not entertainable in view of the provisions of Chapter VIII Rule 5 Chapter VIII Rule 5 reads as under"an appeal shall he to the Court from a judgment (not being a judgment passed in the exercise of appellate jurisdiction) in respect of a decree or order made by a Court subject to the superintendence of the Court and not being an order made in the exercise of revisional junsdiction or in the exercise of its power of Superintendence or in the exercise of cnminal jurisdiction [or in the exercise of jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award-) a Tribunal, Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act with respect of any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution or (b) of the Government or any Officer or authority, made or purported to made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act of one Judge]"

( 5 ) ACCORDING to learned Counsel, from the perusal of above provision, it is amply clear that no Special Appeal lies against the order passed under Article 226 of the Constitution of India unless there is adjudication of dispute of rival parties and it must put an end to that dispute

( 6 ) SRI K B Smha, Senior Advocate while questioning the maintainability of the Special Appeal invited our attention to Section 2 (9) of the Code of Civil Procedure where word " Judgment" has been defined S 2 (9) of the Code of Civil Procedure reads as under "judgment" means the statement given by the Judge on the grounds of a de cree or order"

( 7 ) PLACING reliance on this definition it has been submitted by him that the impugned order passed by the learned Single Judge can not be treated to be a judgment as defined in the Code and unless it fulfills the requirement of S 2 (9), it will remain as an interlocutory order and further it does not bring about the termination of the proceeding in which the adjudication is made It has been further con tended by him that