STATE OF MADHYA PRADESH Vs. M K CHATURVEDI

JUDGEMENT

(1.) THESE two appeals are under Order 43 Rule 1 (r), CPC by the defendants against the order of temporary injunction by which the defendant Nos. 1 and 2 have been restrained from demoting the plaintiff and the defendant No. 3 from taking charge of the post of the General Manager.

(2.) IT is not in dispute that M. P. Mahila Vitta Avas Vikas Nigam is a society registered under the M. P. Society Registrikaran Adhiniyam, 1973. Plaintiff M. K. Chaturvedi was working as a Manager in the Society. He was temporarily promoted as General Manager. Defendant No. 1 State of Madhya Pradesh has posted defendant No. 3 Sushri Mamta Pathak as General Manager in his place on deputation as per order dated 18-6-2003. This order has been challenged by the plaintiff in the civil suit. An application for temporary injunction has also been filed by him seeking the same relief. The Trial Court has granted the temporary injunction claimed by the plaintiff.

(3.) IN these appeals it is contended that the Trial Court had no jurisdiction to issue the order of temporary injunction in view of the proviso to Order 39, Rule 2 (2), CPC which has been added by Madhya Pradesh State Amendment Act (No. 29 of 1984) from 14-8-1984. The proviso is as under :-