SHRI DURGA CHARAN ROUTRAY Vs. NARASINGHA CHARAN DAS

JUDGEMENT

(1.) CIVIL Revision No. 966 of 1988 is directed against the order dated 4 -10 -1988 passed by the learned Munsif, Khurda staying Title Suit No. 58 of 1987 pending in his court under Section 10 of the Code of Civil Procedure '(Code' for short) until disposal of First Appeal No. 65 of 1988 pending in the High Court. Civil Revision No. 975 of 1988 arises out of an order dated 4 -10 -1988 wherein the learned Munsif passed a similar order of stay in Misc. Case No. 37 of 1987 which was under Order 39, Rules 1 and 2 of the Code.

(2.) THE following facts are relevant and undisputed. The Petitioner was the President and the Defendant was the Secretary of the governing body of Durga Charan Chilika College (referred to as 'College') at Tangi in Puri district. The Petitioner instituted O. S. No. 35 of 1983 in the court of the learned Subordinate Judge, Khurda representing the governing body of the College in which he claimed that the opposite party being the Secretary of the governing body was maintaining the cash and accounts and other records of the College. He did not place the accounts before the governing body despite requests and ultimately submitted resignation in the month of September, 1982 which was duly accepted. The Principal of the College was taken in as the new Secretary. Although he ceased to be the Secretary, yet the opposite party avoided to return the accounts and cash to his successor. Therefore, the Petitioner in the suit made the following prayer:

(3.) THE Petitioner again instituted Title Suit No, 58 of 1987 describing himself as the President of the governing body of the College against the opposite party in the court of the learned Munsif, Khurda. He stated therein that although the opposite party was no longer the Secretary of the College, having resigned the office on 5 -9 -1982 which was duly accepted on 30 -9 -1982, he was giving out to others describing himself as the Secretary of the governing body of the College a I though the government and the other public authorities do not recognise as such. He, therefore, felt it necessary to institute a suit praying for the following reliefs: