KANCHEEPURAM MURUGAN SILK WEAVERS COOPERATIVE PRODUCTION AND SALES SOCIETY Vs. KANCHEEPURAM MURUGAN SILK WEAVERS COOPERATIVE PRODUCTION AND SALES SOCIETY MEMBERS

JUDGEMENT

(1.) THIS civil miscellaneous appeal is taken up with the consent of parties. It is directed against an order of injunction passed by the Subordinate Judge, Kancheepuram in I.A.No.1406 of 1990 in O.S.No.309 of 1990. The order is to the effect that the appellant herein shall hold election to the Board of management of the Society only with the list of Members of the Society prepared on 20.10.1990 and that no member whose name is not found in the said list is entitled to participate in the election.

(2.) IT is necessary to set out a few facts prior to the filing of the present suit in order to show that the present suit is an abuse of process of Court.

(3.) ONE of the members of the society filed a suit O.S.No.165 of 1989 on the file of the Subordinate Judge's Court, Kancheepuram, on 19.9.1989. He claimed that he was representing all the members of the society. He filed an application under O.1, Rule 8 Civil Procedure Code. The prayer in the suit was for a declaration that the defendants therein were not entitled to induct or eject any person into or from membership of the society till the duly elected Board took charge. The defendants in the suit were the society represented by its Special Officer and the society represented by its Election Officer. That suit was decreed by the trial Court on 4.5.1990. On appeal the decree of the trial Court was reversed. There was a second appeal in this Court in S.A.No.1511 of 1990. Pending the second appeal an application was made for injunction restraining the respondents therein from inducting any person as member of the society and for maintaining the status quo as on 31.8.1989 as decreed in the suit, O.S.No.165 of 1989. Though interim injunction was granted by this Court at the time of admission of the appeal the same was vacated by me on 24.10.1990.I passed the following order: