ORDER :- The plaintiff applicant M/s. Marwari Sabha Pilakhwa, a society registered under the Societies Registration Act, and Bhagwat Prasad, have filed this revision under Section 115 of the C. P. Code against a revisional order passed by the Additional District Judge, Meerut, refusing the grant of a temporary injunction restraining the defendants opposite parties from interfering with the functioning of Bhagwat Prasad as the manager of the Marwari Intermediate College run by the Marwari Sabha Pilakhwa pending their suit for a permanent injunction in the court of the Munsif Ghaziabad.

2. Admittedly Marwari Sabha Pilakhwa runs and manages the Marwari Intermediate College, a secondary school recognised by the Board of High School and Intermediate Education, Uttar Pradesh. The provisions of the Intermediate Education Act and the Regulations made thereunder applied to the said college. Under the provisions of the said Act and the Regulations a scheme has been framed providing for the rules for management of the said college. Under the said scheme, admittedly Bhagwat Prasad was elected as the Manager of the Management Committee of the College at an election held on 13-6-1968 for a term of three years. Admittedly he worked in that office till 25-4-1971 when it is alleged that at a meeting of the Committee, Bhagwat Prasad was removed from the managership and was replaced by Kesho Ram Gupta, the third defendant, by a resolution passed at the meeting. Plaintiffs in their plaint alleged that the meeting which was held was collusive and illegal and Bhagwat Prasad was never removed. It was pleaded by the plaintiffs that new elections of the office-bearers of the Committee of management were duly held on 12-5-1971 at which Bhagwat Prasad was re-elected as Manager. The defendants denied in their written statement that any meeting was held on 12-5-1971 for electing new officer-bearers as alleged by the plaintiff. The defendants set up the case that at a meeting held on 15-5-1971 new elections were held at which Kesho Ram Gupta was formally elected as the Manager for a term of three years along with other office-bearers. The above allegations and counter-allegations clearly show that there are two factions in the body managing the college and there are two claimants for the office of Managership, Bhagwat Prasad, the second plaintiff and Kesho Ram Gupta, the third defendant.

3. Bhagwat Prasad to secure his position commenced the suit seeking a relief of permanent injunction against the defendants who claimed to have been elected as the new office-bearers at the meeting held on 15-5-1971. Alleging that Bhagwat Prasad was in possession of his office an application was made for a temporary injunction pending the suit restraining the defendants from interfering with the functioning as manager of the college by Bhagwat Prasad. The learned Munsif on 15-5-1971, the day on which the suit was instituted, passed an ex parte order to the effect that in the meantime the parties shall maintain status quo in respect of the management. After notice to the defendants and hearing them the learned Munsif on 4-9-1971 dismissed the plaintiff's application for temporary injunction mainly on the finding that Bhagwat Prasad had been ousted from the office of managership on 25-4-1971 and Kesho Ram Gupta was in control of the management as Manager. Against this order of the learned Munsif the plaintiffs filed an appeal before the Civil Judge of Ghaziabad who took the view on the material on record that the plaintiffs had a prima facie case and Bhagwat Prasad was not ousted from the office of managership. The learned Civil Judge by his order dated 16-9-1971 allowed the appeal and passed a temporary injunction to the effect that since Bhagwat Prasad has been acting as Manager he should continue to act as such and no one will interfere with his management. The defendants then went up in revision to the District Judge of Meerut under the amended Section 115 of the C. P. Cod

Click Here to Read the rest of this document