CALCUTTA SWIMMING CLUB Vs. LALIT SINGH

JUDGEMENT

(1.) THIS First Miscellaneous Appeal is at the instance of the defendant nos. 1 and 2 in a suit for declaration and injunction and is directed against Order No. 16 dated 21st August, 2006 passed by the learned Trial Judge thereby disposing of an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiffs/respondents thereby restraining the present appellants from giving any effect to the results of the interviews of the candidates for membership with the intention to induct them as associate members under restricted category and also restraining them from convening any further meeting or interview to induct any associate members as restricted members of the defendant no. 1 till the disposal of the suit. The appellants were further restrained from inducting the proposed associate members with restricted rights from becoming the members of the defendant no. 1 till the disposal of the suit. Being dissatisfied, the defendant nos. 1 and 2 have come up with the present appeal.

(2.) THE plaintiffs/respondents, five members of the defendant no. 1, the club, filed before the City Civil Court at Calcutta, a suit being Title Suit No. 671 of 2006 thereby praying for the following relief:

(3.) THE case made out by the plaintiffs in the said suit may be summed up thus: