CANTONMENT BOARD KASAULI Vs. BHAGWAN DASS

JUDGEMENT

(1.) This revision is directed against the judgment dated 12 -1 -1996 passed by District Judge, Solan, in C. M. A. No. 8 -S/14 of 1995, whereby order passed by the Senior Sub Judge, Solan in C. M. A. No. 408/6 of 1994 in case No. 450/1 of 1994 dated 15 -12 -1994 on application under Order 39, Rules 1 and 2 of the Code of Civil Procedure, has been upheld.

(2.) Background of the case out of which the present revision has arisen is that the petitioner (hereinafter referred to as the defendant) and the respondents (hereinafter referred to as the plaintiffs) as well as S/Shri Krishna Murti and Charan Dass (hereinafter referred to as the defendants) were arrayed as such in a suit which was pending before the trial Court, The plaintiff filed a suit for permanent prohibitory injunction wherein he prayed that defendants be restrained by a decree of permanent injunction from holding election for the post of Vice -President of Cantonment Board, Kasauli either on 5 -10 -1994 or any other date thereafter, as per resolution dated 23 -8 1994 and from preventing the plaintiff to act as a Vice -President of the Cantonment Board, Kasauli District Solan either by themselves or through their agents, servants and official members. Alongwith this suit, an application under Order 39, Rules 1 and 2, C P. C. was also filed and interim injunction was prayed for in the aforesaid terms.

(3.) Admitted case of the parties is that plaintiff is an elected member of Cantonment Board, Kasauli and it consists of four elected members, who have in turn elected him as a Vice -President and his term was to expire somewhere in the month of February 1997.