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1955 Supreme(All) 16

AGARWALA, SAHAI
Abdul Qadeer – Appellant
Versus
Municipal Board, Moradabad – Respondent


Advocates:
Syed Sadiq Ali, for Appellant.

Judgement

AGARWALA, J.:- This is an appeal from an order refusing to grant an injunction. Sri Abdul Qadeer is at present the President of the Municipal Board, Moradabad. A motion of no-confidence is going to be moved against him apparently upon a requisition by a majority of the members of the Municipal Board and in pursuance of that motion certain proceedings as required by the Municipalities Act are being taken. The appellant filed a suit in the court of the Civil Judge, Moradabad for the issue of a permanent injunction restraining the defendant who are the Municipal Board, Moradabad, through the Vice President, the Members of the Board, the District Magistrate of Moradabad and the Additional Sessions Judge of Moradabad from holding any meeting on 8-2-1955. On the date on which the plaint was filed an application for the issue of a temporary injunction restraining the defendants from moving a no-confidence motion against him and holding the meeting on the 8th February was made. This application has been rejected and the present appeal is against that order.

2. The only ground stated in the application for the issue of a temporary injunction was that some of the members had been coe




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