SAHU SAMAJ TRUST, WEST BENGAL Vs. INDIAN BANK (PREVIOUSLY ALLAHABAD BANK NOW PRESENTLY AMALGAMATED WITH

JUDGEMENT

(1.) The present appeal has been preferred against an order whereby, on an application purportedly captioned under Sec. 151 of the Code of Civil Procedure filed by the defendant no.2/respondent, the learned Trial Judge passed an order of stay of operation of a notice dated September 07, 2024 issued by the Secretary, Sahu Samaj Trust, West Bengal till disposal of the suit.

(2.) Learned counsel for the plaintiffs/appellants argues that the said relief was entirely beyond the scope and subject-matter of the suit and, as such, no injunction could have been granted under Order XXXIX Rule 1 of the Code of Civil Procedure.

(3.) The entire plaint case, it is argued, revolves around a Trust by the name of Sahu Samaj Trust, West Bengal, which was formed in the year 1981.