1994 (4) TMI 404 - HC - Indian Laws

Summary

Issues Involved:
1. Quashing of the plaint and all proceedings in original suit No. 230 of 94.
2. Quashing of orders dated 4-4-94 and 5-4-94 by the IIIrd Addl. Civil Judge, Agra.
3. Restraining the IIIrd Addl. Civil Judge, Agra from further proceedings in original suit No. 230 of 94.
4. Impleadment of Sri Moti Lal Jain as a party in the suit.
5. Interim injunction granted to Sri Kamal Kumar Jain.

Detailed Analysis:

Issue 1: Quashing of the plaint and all proceedings in original suit No. 230 of 94

The petitioners sought a writ of certiorari to quash the plaint and proceedings in original suit No. 230 of 94. The court held that the petitioners have an alternative remedy under Order 7, Rules 10 and 11 of the Code of Civil Procedure. Therefore, the prayer for quashing the plaint and proceedings was rejected.

Issue 2: Quashing of orders dated 4-4-94 and 5-4-94 by the IIIrd Addl. Civil Judge, Agra

The court quashed the orders dated 4-4-94 and 5-4-94 passed by the IIIrd Addl. Civil Judge, Agra. The order dated 4-4-94 granted an interim injunction to Sri Kamal Kumar Jain, and the order dated 5-4-94 rejected the application for impleadment by Sri Moti Lal Jain. The court found that these orders were passed without giving an opportunity to Sri Moti Lal Jain to be heard, which was a violation of natural justice.

Issue 3: Restraining the IIIrd Addl. Civil Judge, Agra from further proceedings in original suit No. 230 of 94

The court transferred the proceedings of original suit No. 230 of 94 from the IIIrd Addl. Civil Judge, Agra to the court of the District Judge, Agra. The District Judge was directed to transfer the case to another court of competent jurisdiction, other than Sri Chandra Bhan, IIIrd Addl. Civil Judge, Agra.

Issue 4: Impleadment of Sri Moti Lal Jain as a party in the suit

The court allowed the application for impleadment of Sri Moti Lal Jain as a defendant in the suit. The court emphasized that the presence of Sri Moti Lal Jain was necessary to decide the real matter in dispute, i.e., who was the rightful manager of the institution. The court criticized the IIIrd Addl. Civil Judge for rejecting the application for impleadment and highlighted that the provisions of Order 1 Rule 10(2) of the Code of Civil Procedure are very wide, allowing the court to add a necessary party at any stage of the proceedings.

Issue 5: Interim injunction granted to Sri Kamal Kumar Jain

The court directed that after the impleadment of Sri Moti Lal Jain as a defendant, he should be given an opportunity to file objections against the interim injunction application and also a written statement against the plaint. The application for interim injunction would be reconsidered afresh by the learned Civil Judge to whom the case is transferred. Until the final disposal of the injunction application, Sri Moti Lal Jain shall continue to function as the Manager of the Committee of Management of Sri Ratan Muni Jain Inter College, Loha Mandi, Agra, and nobody shall be allowed to disturb his functioning as such.

Conclusion:

The court partly allowed the petition. It quashed the orders dated 4-4-94 and 5-4-94, allowed the impleadment of Sri Moti Lal Jain as a defendant, and transferred the proceedings to another competent court. The court emphasized the necessity of giving Sri Moti Lal Jain an opportunity to be heard and directed that he should continue to function as the manager until the interim injunction application is reconsidered.