JUDGMENT

Thomas, C.J. and Ghulam Hasan, J. - This appeal is filed by the plaintiff against an order dated the 13th September, 1945, passed by the Civil Judge of Lucknow refusing to grant a temporary injunction in a suit for a declaration.

2. The facts are few and simple. Rai Bahadur Raja Maheshwar Dayal Seth plaintiff is a member of the British Indian Association. He stood for election to the office of the President, which is to be held on the 19th September, 1945. The/rival candidates are Raja Sri Amar Krishna Narain Singh of Ramnagar and Dewan Kamakhya Dutt Ram taluqdar of Rasulpur. The term of the outgoing President, who is the Hon'ble Raja Yuvraj Dutt Singh of Order is to expire on the 2nd October. Under the Regulations of the Association the' President acted as the Returning Officer. Nomination papers were filed/by the respective candidates, more than one nomination paper being filed for the plaintiff. These were filed on the 3rd September and the scrutiny was held on the 5th September. An objection was raised by the Raja of Ramnagar to the plaintiff's nomination on the ground that the plaintiff had relinquished his titles of "Rai Bahadur" and "Raja" and the nomination paper wrongly prefixed the titles to his name. The electoral roll contained the name of the plaintiff with his titles. The Raja repudiated the allegation that he had relinquished the titles and it does not appear that his identity was disputed. The Returning Officer upheld the objection and rejected the nomination, leaving only two competitors in the field. This election is due to take place on the 19th September. The plaintiff thereupon filed a suit on the 11th September for a declaration that (a) he has been duly nominated as a candidate for seeking election as President of the British Indian Association and that his nomination paper has been illegally and unjustly rejected by the defendant No. 1, and (b) that an injunction be issued to defendants Nos. 1 to 5 who are the President, British Indian Association of Oudh, the Vice- President, British Indian Association the Raja of Ramnagir and Dewan Kamakhya Dutt Ram not to proceed with the election without permitting the plaintiff also to participate in the same. In the plaint the plaintiff characterized the order of the Returning Officer as illegal and Ultra Vires and asserted that he was deprived of his civil right to seek election as President of the British Indian Association. Along with the plaint the plaintiff field an application for temporary injunction restraining the defendants from holding the election on the 19th September, 1945, under Order XXXIX rule 2 of the Code of Civil Procedure.

3. The Civil Judge refused the prayer. He did not enter into the question of merits and relying upon certain decisions held that the issue of a temporary injunction would cause much inconvenience to the other candidates as well as to the voters of the Association. He further held that there was no inseparable loss likely to be caused to the plaintiff and the inconvenience caused to him will be comparatively small. As regards the plea about the maintainability of the suit, which was argued before him, he expressed the view that he could not say for certain at that stage that the suit was maintainable.

4. Along with the appeal filed in this Court an application was filed for the issue of a temporary injunction staying the election till the disposal of the appeal. In view of the urgency of the matter the appeal was fixed for hearing with the consent of parties yesterday.

5. We have heard lengthy arguments on both sides upon the question whether the suit is maintainable in the Civil Court, the plaintiff contending that his suit is one of a civil nature in which the right to an office is contested within the meaning of section 9 of the Code of Civil Procedure, the defendants denying that a relief of the kind asked for by the plaintiff could be granted either u/s 9 of the CPC or u/s 42 of the Specific Relief Act. Both parties