SARAJU PRASHAD SINGH Vs. GANGAPROSAD SHAH

JUDGEMENT

(1.) Civil Revn. case No 1408 of 1948 is against an order of the Subordinate Judge, 24 Parganas, reversing on appeal an order of the Munsif, 2nd Ct., Baraset, granting an ad interim injunction at the instance of the present petnr. against defts. 1, 2, 3 & 5 in the suit before him from interfering, or in any way disturbing the exercise of the functions of the pltf. in the suit as Chairman of the Bhatpara Municipality. The ground on which the Rule has been issued was that the order of the Munsif was not a final order & was not, therefore, appealable.

(2.) The learned Subordinate Judge set aside the ad interim injunction granted by the Munsif, but sent the case back for a decision on the point whether a temporary injunction could be granted at all as prayed for by the pltf.

(3.) The pltf. is the former Chairman of the Municipality & alleges that he was coerced into drawing up a letter of resignation, but before it was accepted he asked that no action be taken on it. The defts. in the case, according to the pltf., however, purported to have his resignation accepted & had sent representation to Govt. regarding the meeting of 23-6-1948, when resignation was said to have been accepted.