CHARLES MANTOSH Vs. DALHOUSIE INSTITUTE

JUDGEMENT

(1.) This Civil Revision application by the plaintiff/petitioners is directed against an order dated 17/03/1992 passed by the learned District Judge, Alipore, in Misc. Appeal No. 70/92 arising out of an application for temporary injunction made by the plaintiffs in Title Suit No. 66/92.

(2.) It appears that the plaintiffs instituted that suit for declaration and permament injunction. The case of the plaintiff's in that suit inter alia is that the defendant No. 1 Dalhousie Institute is a society registered under the Societies Registration Act. The defendant No. 1 Institute is a social club of which the plaintiff No. 1 and his wife plaintiff No. 2 are associate member since 1986. The defendant No. 1 hereinafter referred to as the club is administered by a Council comprising defendant Nos. 2 to 9. The defendant No. 2 is the President of this Council while the defendant No. 9 is the Honorary Secretary of that Council, By a letter dated 26/10/1991 being Annexure 'B' to the revisional application the Honorary Secretary informed the plaintiff's that they have been removed from the membership roll of the Institute under Rule 20(6) of the Institute's Rules and Bye laws with immediate effect.

(3.) The petitioners after instituting the suit on 4/03/1992, also made an application under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure before the learned Munsif praying for temporary injunction restraining the defendants from giving effect or further effect to the resolution of the Dalhousie Club removing the membership of the petitioners from the said club. The learned Munsif by his order dated 4/03/1992 refused to grant any interim order of injunction. Aggrieved thereby the plaintiffs preferred an appeal being Misc. Appeal No. 70/92 before the learned District Judge at Alipore. On 12/03/1992 an interim order was passed by the learned lower appellate Court directing the respondents not to give effect to the resolution dated 26/10/1991 being Annexure 'C' to the present revisional application until further orders. After final hearing the learned lower appellate Court disposed of the appeal by making the following directions :- The respondents are restrained from giving further effect to the resolution dated 26/10/1991 till the disposal of the suit and the appellants (meaning the petitioners herein) are also restrained from visiting the Institute till the disposal of the suit. The application for temporary injunction pending before the learned Munsif is also deemed to be disposed of and the learned Munsif is directed to take appropriate steps for disposal of the suit finally after giving the respondents an opportunity to file written statement as early as possible."