( 1. ) THIS judgment shall also dispose of Civil Revision No. 115 of 1983 (Rajendra Prathmik and Madhyamik Vidyalaya Shikshak Samiti and others vs. Rajendra Shiksha Samiti.)

( 2. ) THE applicants, aggrieved by the order passed by the Fifth Additional District judge, Gwalior Shri S. S. Trivedi, in Civil Suit No. 10-A of 1983 and Civil Suit No. 11-A of 1983, have invoked the revisional jurisdiction of this Court under section 115 of the Code of Civil Procedure.

( 3. ) PLAINTIFF non-applicant filed a suit for declaration and permanent injunction in the Court of Fifth Additional District Judge, Gwalior against the defendant applicants and also prayed for a temporary injunction under Order 39, Rules 1 and 2 of the Code of civil Procedure by a separate application. In reply to this application defendant-applicants raised preliminary objections in I. A. No. 3 as to the maintainability of the suit and also prayed for the decision of preliminary objections. After five adjournments, the matter was fixed for arguments on 26-7-1983. On that date counsel for the plaintiff-non-applicant and the plaintiff remained absent till 1. 10 p. m. Hence the trial Court allowed I. A. No. 3 of the de