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IN THE HIGH COURT OF ALLAHABAD
G. S. N. TRIPATHI
COMMITTEE OF MANAGEMENT, RATAN MUNI JAIN INTER COLLEGE - Appellant
Versus
3rd ADDITIONAL CIVIL JUDGE, AGRA - Respondents
C. M. W. P. 12511 Of 1994
Decided On : 04/22/1994
CIVIL PROCEDURE - WRIT PETITION - JURISDICTION - ALTERNATIVE REMEDY - IMPLEADMENT OF NECESSARY PARTY - MANAGER OF INSTITUTION - DISPUTE OVER MANAGEMENT - INTERIM INJUNCTION - JURISDICTION OF CIVIL COURT - MANAGER'S RIGHT TO BE HEARD - DOMINUS LITUS - ORDER 1, RULE 10, C. P. C. - MANAGER'S IMPLEADMENT AS DEFENDANT - TRANSFER OF PROCEEDINGS - FRESH CONSIDERATION OF INTERIM INJUNCTION APPLICATION.
Fact of the Case:
Petitioners, the committee of management of Sri Ratan Muni Jain Inter College, Agra, challenged the plaint and proceedings in a civil suit filed by respondent No. 5, Sri Sweatambar Sthanakwasi Jain Samiti, and respondent No. 6, Sri Kamal Kumar Jain, claiming to be the Manager of the Institution. The suit sought to restrain the petitioners from interfering in the functioning of Sri Kamal Kumar Jain as Manager. The petitioners contended that the suit was filed without impleading them, their caveat was rejected, and an interim injunction was granted against them without giving them an opportunity to be heard. They argued that the civil court lacked jurisdiction to entertain the suit and that they had an alternative remedy under Order 7, Rules 10 and 11, C. P. C.
Finding of the Court:
The court held that the civil court had jurisdiction to entertain the suit as it involved a dispute over the management of the Institution. However, the court found that the learned Addl. Civil Judge erred in rejecting the petitioner's application for impleadment and in not permitting them to raise their points on the grant of interim injunction. The court also held that the learned Addl. Civil Judge was wrong in passing an interim injunction order that would vitally affect the petitioners without hearing them.
Issues: 1. Whether the civil court had jurisdiction to entertain the suit involving a dispute over the management of the Institution. 2. Whether the learned Addl. Civil Judge erred in rejecting the petitioner's application for impleadment and in not permitting them to raise their points on the grant of interim injunction. 3. Whether the learned Addl. Civil Judge was wrong in passing an interim injunction order that would vitally affect the petitioners without hearing them.
Ratio Decidendi: 1. The court held that the civil court had jurisdiction to entertain the suit as it involved a dispute over the management of the Institution, which was cognizable by the civil court under Section 9, C. P. C. 2. The court found that the learned Addl. Civil Judge erred in rejecting the petitioner's application for impleadment and in not permitting them to raise their points on the grant of interim injunction. The court held that the provisions of Order 1, Rule 10 (2), C. P. C. are very wide and the powers of the court are equally extensive, allowing the court to order the impleadment of a necessary party even without an application. 3. The court held that the learned Addl. Civil Judge was wrong in passing an interim injunction order that would vitally affect the petitioners without hearing them, as it amounted to a gross injustice and a violation of the principles of natural justice.
Final Decision: The court allowed the petition in part. The prayer for quashing the plaint and proceedings in the original suit was rejected, as the petitioners had an alternative remedy under Order 7, Rules 10 and 11, C. P. C. However, the prayer for quashing the order granting interim injunction and the order rejecting the application for impleadment was allowed. The application for impleadment as defendant by Sri Moti Lal Jain was allowed, and the proceedings were transferred to the court of the District Judge, Agra, for further consideration.
( 1 ) IN this writ petition a prayer has been made for an order or direction in the nature of certiorari quashing the plaint and all proceedings in original suit No. 230 of 94, Sri Sweatambar S. Thanakwasi Jain Samiti and others v. Regional Dy. Director of Education, Agra Region, Agra. Further a writ, order or direction has been prayed for quashing the orders dated 4-4-94 and 5-4-94 passed by the IIIrd Addl. Civil Judge, Agra, respondent No. 1 (Annexures 20 and 23 to the writ petition ). There is an additional prayer to restrain respondent No. 1, i. e. Addl. Civil Judge, Agra from taking any further proceedings in original suit No. 230 of 94 aforesaid.
( 2 ) THE committee of management of Sri Ratan Muni Jain Inter College, Loha Mandi, Agra, through its Manager Sri Moti Lal Jain (Petitioner No. 1) and Sri Moti Lal Jain (Petitioner No. 2) have filed this petition for the reliefs aforesaid. Respondent No. 5 is Sweatambar Sthanakwasi Jain Samiti, Loha Mandi, Agra and Sri Kamal Kumar Jain has been arrayed as respondent No. 6. He claims to be Manager of the Institution namely, Sri Ratan Muni Jain Inter College, Loha Mandi, Agra.
( 3 ) THE said Institution is owned and managed by respondent No. 5 through the committee of management for over a decade under a scheme of administration approved by respondents 2 and 3. The last election of the committee of management was held on 21-6-1991, in which the committee or management when Sri Vinai Kumar Patni was elected as a President and Sri Moti Lal Jain, petitioner No. 2 was elected as Manager. This election was approved by the District Inspector of Schools (D. I. O. S. in short), on 22- 6-91. On that date, he attested the signature of Sri Moti Lal Jain as Manager and ever since Sri Moti Lal Jain is heading of committee of management and is managing the affairs of the school.
( 4 ) SRI Kamal Kumar Jain, respondent No. 6 set up another rival committee of management with himself as the Manager. By exercise of political pressure upon respondents. 2 and 3, Sri Kamal Kumar Jain obtained an order in his favour. But that was upset on 27-4-92. Feeling aggrieved by that order, Sri Kamal Kumar Jain filed a civil misc. writ petition No. 23703 of 92. That writ petition was dismissed by Honble Mr. Justice R. A. Sharma sitting singly on 22-9-92 (Annexure 8 to the petition) Sri Kamal Jain filed a special appeal before the Division Bench of this Court being special appeal No. 485 of 92. That appeal was dismissed by the Division Bench on 6-4-94 (Annexure 9 to the petition (Sri Kamal Kumar Jain had prayed for an interim order to restrain Sri Moti Lal Jain as Manager of the Committee of management. This prayer along with all other prayers was rejected by the court and the committee of management headed by Sri Moti Lal Jain was held to be the validly constituted committee of management to run the Institution. On the basis of misrepresentation or otherwise, Sri Kamal Kumar Jain obtained an order from the District Magistrate Agra to the Dy. Director of Education, Agra to reconsider the case of Sri Kumar Jain. Being influenced by the order of the District Magistrate, The D. I. O. S. Agra proceeded to attest the signature, of Sri Kamal Kumar Jain on 23-3-94 as Manager of Sri Ratan Muni Jain Inter College (Annexure 13) to the petition ). That was approved by the Dy. Director of Education, Agra on the same date behind the back of the petitioner, which was in sheer violation of principles of natural justice. That was again the violation of the orders of the High Court referred to above. So these authorities had no jurisdiction to pass this order. On the same date i. e. 23-3-94 the petitioners brought all the facts to the notice of the respondents 2 and 3 and the record was put straight. The D. I. O. S. suspended the operation of his order on the same day (Annexure 15 to the petition) and the Dy. Director of Education, Agra did the same on the very date (Annexure 16 to the petition ).
( 5 ) THE pe
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