GADADHAR MISHRA Vs. BIRAJA DEVI

JUDGEMENT

(1.) Plaintiff No. 1 is the appellant in all the three appeals against the common order dated 2-2-1996 passed by the Civil Judge (Senior Division), Baripada, rejecting the three separate petitions for injunction. Since the three appeals are directed against the common order in one suit and common questions of fact and law arise for determination, all the appeals are being disposed of together by the present order.

(2.) Plaintiff No. 10 is a Society registered under the Societies Registration Act (Act 21 of 1860) having its registered office at Bhanjapur. Late Prasanta Kumar Mohanty was admittedly the President of the said Society till his death on 6-12-1993. It is claimed that after the death of Prasanta Kumar Mohanty, plaintiff No. 1 who was the General Secretary, in consultation with plaintiff No. 2 who was the Vice-President, convened a meeting and plaintiff No. 1 was elected as the President and plaintiff No. 3 was elected as the General Secretary. It is further claimed that during the life time of Prasanta Kumar Mohanty, huge amounts were diverted from the funds of plaintiff No. 10 to the personal accounts of Prasanta Kumar Mohanty and his relation as well as to the accounts of defendant No. 18, Vinobha Smarak Trust, which had been created by Prasanta Kumar Mohanty and his close relations. It is further claimed in the plaint that defendant No. 1, the widow of late Prasanta Kumar Mohanty, and their sons and other close relations who were posing to be members of the Governing Body had no connection with plaintiff No. 10. On these allegations, the suit was filed claiming the following reliefs :-

(3.) Along with the suit, the plaintiffs filed three separate petitions under Order 39, Rules 1 and 2 of the Code of Civil Procedure (hereinafter referred to as the "C.P.C.") for injunction. Misc. Case No. 69 of 1994 was filed praying for interim injunction restraining, the opposite parties in the said Misc. Case (defendants 1, 4 and 16) from withdrawing any amount from the Fixed Deposit Account No. 635004 from the Bank. Misc. Case No. 70 of 1994 was filed for restraining the opposite parties in the said Misc. Case (defendants 1, 4, 19 and 18) from operating Account No. C andI 1487 and FDR No. 520604. In Misc. Case No. 71 of 1994 interim injunction was sought for against the opposite parties (original defendants 1 to 17) from receiving or drawing any amount in cash or cheque issued in the name of the Society-plaintiff No. 10 as well as from operating the Account SIB 55, C and I 2, C and I 8, C and I 9 and S.B. No. 3001, 3627, CI 1/34 and Account No. 474 of the Society and from tampering or manipulating the registers or books of account or any other documents of the Society. Though ad interim orders of injunction were passed, all the three petitions under Order 39, Rules 1 and 2, C.P.C. were rejected. Misc. Appeal No. 89 of 1996 is directed against the order in Misc. Case No. 69 of 1994; Misc. Appeal No. 90 of 1996 is directed against the order in Misc. Case No. 70 of 1998 and Misc. Appeal No. 91 of 1996 is directed against the order in Misc. Case No. 71 of 1994.