ORDER:- This is a revision by V.D. Tripathi Inter College, Miyanganj at Unnao (hereinafter referred to as the College) its Managing Committee, its Manager Jata Shanker Shukla and the President Chaudhri Siddique Ahmed.

2. Vijai Shanker Dwivedi filed a suit before Munsif North, Unnao against the revisionists saying that prior to 8-11-1971 this institution had the status of a High School. It was raised to the status of an Intermediate College on the said date. Before it became a College Vijai Shanker Dwivedi was serving the institution as its Head Master since 1957. The Managing Committee of the institution passed a resolution on 13-12-1971 resolving to promote the opposite as Principal of the College and appointed a Selection Committee to proceed with the selection. Subsequently opposite party No. 1 Vijai Shanker Dwivedi ran into disfavours with the Manager who did not take any further proceedings towards enforcement of the said resolution and did not call the meeting of the Selection Committee for final selection to the post and the resolution of the Selection Committee was never forwarded to the Department of Education for approval. It was alleged further that defendant-revisionist were threatening to suspend the plaintiff-opposite party. On these facts and allegations, in the main, the opposite party prayed for a mandatory injunction directing defendant-revisionists to carry out the resolution of 13-12-1971 by calling the meeting of the Selection Committee and by submitting necessary papers regarding plaintiffs promotion to the Department of Education for final approval. There was also a prayer for permanent injunction restraining the defendant-revisionists from interfering with the day-to-day working of the plaintiff as Principal of the institution.

3. During the pendency of the suit Vijai Shanker Dwivedi moved an application under Order 39, Rule 2 of the Code of Civil Procedure before the Munsif and prayed for a temporary injunction restraining defendant-revisionists from taking any steps for his suspension. The Munsif granted an ad interim injunction restraining the defendants from suspending or removing the plaintiff from the office of Principal till further orders. This injunction was, however, eventually vacated by the Munsif and the application for injunction was dismissed on 30-5-1974. Vijai Shanker Dwivedi appealed. The Civil Judge, Unnao, allowed the appeal and restored the ad interim injunction order of the Munsif dated 23-4-1973 in terms quoted above.

4. It is from this order of the Civil Judge dated 15-10-1974 that the present revision arises. I have heard Sri K. B. 5inha appearing for the institution and Sri S.D. Misra appearing for Vijai Shanker Dwivedi. The Civil Judge has committed a number of material irregularities in passing the injunction. First and foremost, there was no prayer in the plaint for permanent injunction restraining the defendants from suspending the plaintiff. There was also no prayer for injunction in the suit restraining the defendants from removing the plaintiff. The only prayer that the suit contained was for restraining defendants from interfering with the day-to-day working of the plaintiff as Principal.

For the first time in the application under Order 39, Rule 2 a prayer was made to the effect that the defendants be restrained from taking any steps for suspension of the plaintiff. Even in this application there was no prayer for injunction restraining the defendants from removing the plaintiff. Temporary injunction under Order 39, Rule 2 of the Code of Civil Procedure can be granted on the terms of the prayer for permanent injunction in the suit and not in different terms. In Para 16 of the plaint although there was mention made of a threat and yet the plaintiff chose not to pray for a permanent injunction restraining the defendants from suspending him and felt contended merely with the prayer for restraining defendants from interfering with his day-to-day working as Principal. The view

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