UJJAL TALUKDAR Vs. NETAI CHAND KOLEY

JUDGEMENT

(1.) This rule under Section 115 of the Procedure Code (5 of 1908), issued by Chatterjee, J., on April 29, 1968, has, as its genesis, a one-day cricket match played on January 14, 1968, on George Telegraph Sports ground in the Calcutta Maidan, between Belgachia United Club and George Telegraph Sports Club, both the clubs belonging to Group "E" of the Second Division League. "Belgachia" --that is how I shorten the full name of the club -- lost the toss and was asked to bat first, which it did, to collect 155 runs for the loss of five wickets, by 12.05 hours, when due to rains, the game "had to be stopped by the Umpire," who, however, held no discussion with the Captains of the two competing teams: vide paragraph 9 of the plaint presented by "Belgachia's" Honorary Secretary. Ujjal Talukdar, qua plaintiff, in the Court of a Munsiff at Sealdah, being suit No. 97 of 1968. "Belgachia" requested the sole defendant in that suit, Netai Chand Koley, Honorary Secretary, Cricket Association of Bengal (for short, CAB hereafter), to arrange for a replay of the match, upon the result of which depended not only the Group Championship of Group "E" of the Second Division League, but also the Championship of the Second Division League itself, leading ultimately to the promotion to the First Division League. On February 9, 1968, "Belgachia" was verbally informed of the decision of the Tournament Committee that the match of January 14, 1968, would be reckoned as a drawn game, with the points equally divided between the two teams. On February 10, 1968, "Belgachia" appealed to CAB's Working Committee. On February 15, 1968, the Working Committee affirmed the descision of the Tournament Committee, rejected "Belgachia's" appeal, and decided to go ahead with the Second Division Championship matches amongst the different Group Champions. On February 19, 1968, "Belgachia" received, at 25 Indra Biswas Road, a letter dated February 17, 1968, from the CAB's Honorary Secretary, Koley, communicating the decision of the Working Committee: vide paragraph 23 of the plaint ibid.

(2.) This led "Belgachia" to file the suit it did, through its Honorary Secretary Ujjal Talukdar, in the court of a munsiff at Sealdah, on February 23, 1968, for, amongst others, a declaration that the decision dated February 15, 1968, of the CAB Working Committee, confirming the decision of the Tournament Committee that the match between "Belgachia" and George Telegraph Sports Club, on January 14 previous, was to be regarded as a drawn game, is bad at law and inoperative, and also for a permanent injunction restraining the CAB from holding the Second Division Cricket League Championship by keeping out "Belgachia".

(3.) On the very day the suit was filed, a temporary injunction was prayed for too. The learned Munsiff, after having wavered between one view and another on the twin question of territorial jurisdiction and the suit being a suit of civil nature, as his orders in the order-sheets reveal, granted, in the end, the temporary injunction, on March 11, 1968, holding, among other things: