JUDGMENT

Sulaiman, C.J. - This is a plaintiff's appeal arising out of a suit for an injunction brought by the plaintiff who was the Secretary of the District Board, Bareilly, against the Board restraining the Board from enforcing their resolution of 8th March, 1933. A relief for a decimation that the plaintiff's dismissal was against law and unenforceable had been claimed, but was withdrawn.

2. The Courts below have dismissed the plaintiff's suit. In appeal it is contended that the decree is wrong. A question has been raised as to whether a suit for an injunction by a Secretary of Local Board, filed in a Civil Court is at all maintainable and whether any relief for injunction can be granted in the face of the provisions of Section 21(b), Specific Relief Act. Under that section a contract which is so dependent on the personal qualifications or volition of the parties or otherwise from its nature is such that the Court cannot enforce specific performance of its material terms cannot be specifically enforced. The question whether the contract of service of the plaintiff was dependent on his personal qualifications or the volition of the parties is of some difficulty and I would not expr