PHUNDAN SINGH Vs. SREE JAIN SWETAMBER TERAPANTHI VIDYALAYA

JUDGEMENT

(1.) The instant Civil Revisional application under Sec. 115 of the Code of Civil Procedure is at the instance of defendant-petitioners Nos. I and 2 viz., Shri Phundan Singh and Shri Kundan Mal Chauraria and this is directed against Order No. 94 dated 15.6.99 passed by Ld. Judge-in-charge, 3rd Bench, City Civil Court, Calcutta in Title Suit No. 1779 of 1997.

(2.) The case of the defendant-petitioners Nos. 1 and 2 was in brief that plaintiff-opposite party No. 1 society being Sree Jain Swetamber Terapanthi Vidyalaya instituted a suit being Title Suit No. 1779 of 1997 in the City Civil Court, Calcutta for certain declarations and injunction against the defendant-petitioners Nos. 1 and 2 and some others. To be specific, in the said Suit, the O.P. No. 1 in its capacity as a plaintiff prayed for a declaration that defendant No. 1-petitioner ceased to be the Assistant Teacher and Headmaster of Sree Jain Swetamber Terapanthi Vidyalaya (Boys' High School) and that defendant No. 2-petitioner and some others ceased to be members of the plaintiff society. In the said suit, the plaintiff-society also prayed for permanent injunction restraining defendant Nos. 1 and 2-petitioners and others from entering the school-premises and also from interfering with the functioning of the plaintiff society and its four schools etc. In the said suit plaintiff-O.P. No. 1-society filed an application under Order 39 Rules I and 2 of the Code of Civil Procedure and obtained an interim order of injunction on 29.1.98. Thereupon ,the present petitioners Nos. 1 and 2 filed an appeal before the Hon'ble High Court, Calcutta. In the said appeal the Division Bench of the High Court stayed the operation of the interim order vide order dated 18.9.98 and appointed two Joint Administrators for managing the affairs of the school of the plaintiff-society. Being aggrieved by the said order of the Honourable Division Bench passed in FMAT No. 438 of 1998, the O.P. No. 1 plaintiff-society preferred Special Leave Petition before the Honourable Supreme Court of India. Thereupon the Honourable Supreme Court was pleased to set aside the order of the Honourable Division Bench of Calcutta High Court regarding appointment of Joint Administrators and remanded the matter for fresh hearing by Honourable High Court vide order of the Honourable Apex Court dated 9.2.99. Thereafter on 24.2.99 the plaintiff-society filed an application under Order 39 Rule 7 read with Sec. 151 of the Code of Civil Procedure in T.S. No. 1779 of 1997 and prayed for making an inventory of available records of the plaintiff-society and its schools etc. Defendant Nos. 1 and 2-petitioners vehemently opposed the said prayer of the plaintiff-society. But unfortunately the Ld. City Civil Court allowed the prayer of the plaintiff-society for making an inventory of available records of the society and its schools etc. Hence the petition for Civil Revision challenging the impugned order dated 15.6.99.

(3.) 1 have had the opportunity of hearing Ld. counsels for both the parties at length in the matter. The only question requiring consideration in this case was whether the impugned order dated 15.6.99 allowing the prayer of the plaintiff-O.P-society for making an inventory of the records, papers and other properties of the society should be quashed or not being without jurisdiction and illegal as alleged by the defendant-petitioner Nos. 1 and 2.