C. KALAHASTI Vs. P.C. MUNUSWAMI CHETTI

JUDGEMENT

(1.) THE defendant in the suit is the appellant. The plaintiff who is the respondent in this appeal was the Secretary of the Board of Trustees in charge of the Thyagaraya Chetti Educational Institution and of which Board the defendant -appellant was the President. The plaintiff filed a suit against the defendant for reliefs of injunction etc. and, incidentally, filed a petition, I. A. No. 6291 of 1973, under Order 39, Rule 1, Civil P. C. for an order of temporary injunction to restrain the defendant from calling for a meeting of the Board of the Trustees in the alleged exercise of his right as President of the Board of Trustees. The contention of the plaintiff was that he, in his capacity as secretary of the Board of Trustees, was the person solely competent to call for a meeting of the Board of Trustees and no one else could usurp his powers. The learned V Assistant Judge, City Civil Court, who heard the petition did not accept the case of the plaintiff and dismissed I. A. 6291 of 1973.

(2.) AGAINST the dismissal of the petition, the plaintiff preferred C. M. A. 36 of 1973 to the City Civil Court and once again sought interim orders in C. M. P. 49 of 1973 for a temporary injunction till the disposal of the appeal. The Second Additional City Civil Judge granted interim injunction in C. M. P. 49 of 1973 and, aggrieved by the said order, the defendant has preferred the present civil miscellaneous appeal.

(3.) WHEN the appeal was taken up, Mr. O. Radhakrishnan, learned counsel for the respondent, raised a preliminary objection stating that the appeal was not maintainable and therefore, it should be dismissed in limine. Mr. V. Shanmugham learned counsel for the appellant, stated that though he was not pressing the appeal on merits, he was nevertheless prepared to meet the challenge of the respondent's counsel about the maintainability of the appeal and advance arguments to sustain his earlier stand that the order passed in C. M. P. 49 of 1973, though passed by an appellate court, was nevertheless an appealable order under Order 43, Rule 1, Civil P. C.