ANDHRA SOCIAL AND CULTURAL ASSOCIATION Vs. R KARUPPAN

JUDGEMENT

(1.) PETITIONER is an Association. They are the third respondent in I.A.Nos.18317 and 18318 of 1999 in O.S. No. 7331 of 1999 of the file of XVIII Assistant Judge, Civil City Court, Chennai. The above revisions are filed against the ex parte interim orders passed under Order 39, Rule 3 of the Code of Civil Procedure dated 19.11.1999.

(2.) THE main contention of the learned counsel for the petitioner is that this order is passed in violation of the mandatory provisions of order 39, Rule 3, CPC without giving reasons. It is further submitted that on the plaint averments, petitioner is not a member of the Association and that his application for membership has been rejected. Whileso, an injunction in the nature of a mandatory order to the respondent herein not to interfere from using the facilities as a member for his family members was granted erronerousely. Besides, the learned City Civil Court Judge also passed an interim order directing the respondents to accept the payment. Thus, according to him, the learned Judge did not consider the matter before issuing an ex parte interim injunction orders.

(3.) IT is submitted that the Association is the only party aggrieved by the order passed by the learned judge. All the remaining respondents in the I.A. are members of the petitioner Association in their capacity as office bearers and therefore, the revision under Article 227 of the Constitution of India is maintainable by an aggrieved party namely the petitioner herein. IT is further submitted on behalf petitioner that in the application filled in support of an interim order before this Court, necessary averments have been made and they have filled a counter to the I.A. in the lower court denying each and every allegation contained in the affidavit filled in support of the I.A. There no question of suppression of any material before this Court.