RAM PRASAD SINGH Vs. SUBODH PRASAD SINGH

JUDGEMENT

(1.) This application in revision has been filed against the orders of the Courts below punishing the petitioner for disobedience of the Court's order passed in an injunction matter.

(2.) The principal question involved in this case is as to whether the petitioner is liable to be proceeded against under Order 39, Rule 2 (31. Civil P. C. when he was not personally a party to the suit

(3.) The relevant facts leading to the passing of the order, are as follows. The plaintiff Subodh Prasad Singh instituted Title Suit No. 29 of 1976 in the trial court praying to declare him as the legally appointed Headmaster of Rai Kumar and Lalji High School. Barhonia, impleading the Board of Secondary Education. Bihar, through its Secretary as defendant first party, the Secretary of the Managing Committee of the School as defendani second party and Shri Vivekanand Mishra (for short 'Shri Mishra') as defendant third party. The plaintiff and Shri Mishra were appointed as Assistant Teachers in the school with effect from 27-7-1960 and 25-7-1958 respectively. At that time one Jogendra Prasad Singh was the Headmaster who left the school and Shri Mishra being the seniormost, Assistant Teacher was appointed the Incharge Headmaster with effect from 1-1-1971. The petitioner had joined as District Education Officer. Monghyr. on 18-2-1976. The Board of Secondary Education by its order dated 12-3-1976 had already confirmed the order of the petitioner's; predecessor appointing Shri Mishra as the Headmaster of the school (Annexurr 8).