S. N. SINGH, J. :- The above three cases have come before this Bench in view of an apparent conflict between the decisions of two Division Benches of this Court (L. D. Meston School Society v. Kashi Nath Misra, AIR 1951 All 558 and Raja Deo Singh v. Kr. Shambho Krishna Narain, 1960 All LJ 124.) Before adverting to the question of law involved in these three cases it is necessary to give in brief the facts of each case.

2. First Appeal from Order No. 152 of 1967 arises out of a suit brought by the plaintiff who claims to be an Abhiyanta in the service of Zila Parishad, Budaun for a perpetual injunction requiring the defendants not to enforce an order of suspension dated the 29th of April 1967 said to have been issued under the signature of Adhyaksh, Zila Parishad, Budaun. It was also prayed that the defendants be restrained from interfering in the discharge of his duty as Abhiyanta of the Parishad. In this suit the plaintiff moved an application supported by an affidavit for the issue of an ad interim injunction under Order 39, C.P.C. The Civil Judge considered this application and passed the following order:

"Issue notice to the defendants, their employees, agents, workmen e