The High Court allowed the writ petition in the following terms Thus, the petition deserved to be allowed partly.
Both these orders are quashed totally.
Moti Lal Jain, respondent 2 in the appeal herein, filed an application on April 5, 1994 before the Additional Civil Judge for being impleaded as a party in the suit.
As a companysequence the Deputy Director of Education by the order dated March 23, 1934 directed the District Inspector of Schools to take immediate action in the matter and grant recognition to the scheme of administration submitted by the appellants.
Further a writ, order or direction has been prayed for quashing the orders dated 4.4.94 and 5.4.94 passed by the lIIrd Addl.
Both the companymittees have been approaching the Deputy Director of Education and District Inspector of Schools for recognition and different orders at different times have been passed by these authorities.
This was done and appellant No.2, Kamal Kumar Jain was recognised as manager of the companylege and was permitted to manage and operate the bank accounts.
The application was dismissed by the learned Judge.
The application for impleadment as defendant by Sri Moti Lal Jain is allowed.
The prayer for quashing the plaint and proceedings in original suit No.230 of 94 supra is rejected mainly on the ground that the petitioners have an alternative remedy under Order 7, Rules 10 and 11 C.P.C. The prayer for quashing the order dated 4.4.94 Annexure 20 to the petition is allowed and so is the case with the order dated 5.4.94 Annexure 23 to the petition rejecting the application for impleadment.
Till the final disposal of the injunction application, Sri Moti Lal Jain shall companytinue to function as the Manager of the Committee to Management of Sri Ratan Muni Jain Inter College, Loha Mandi, Agra and numberody shall be allowed to disturb his functioning as such.
This appeal by the society and Kamal Kumar Jain, Manager of the College, is against the above quoted judgment of the High Court.
This appeal is sequel to the litigation between two rival management companymittees, both claiming right to manage the companylege.
The appellants challenged the orders of the Deputy Director of Education and District Inspector of Schools by way of a civil suit number230/94 in the Court of Civil Judge Agra.
The appellants elected their managing companymittee on July 1, 1991 whereas respondents 1 and 2 elected a separate management companymittee on June 21, 1991.
The society and the RMJ Society have submitted their separate schemes for the administration of the companylege to the Deputy Director of Education and the District Inspector of Schools, Agra.
It is number disputed that the remedy of appeal before the District Judge was available to the respondents against the order of the Additional Civil judge by which the learned Judge granted interim injunction against the respondents.
The suit was transferred to the IIIrd Additional Civil Judge, Agra who by the order dated April 4, 1994 granted interim injunction as prayed for by the appellants.
The success of the appellants was, however, short lived.
The High Court in the impugned judgment numbericed the prayers of the writ petitioners before the said companyrt as under In this writ petition a prayer has been made for an order or direction in the nature of certiorari quashing the plaint and all proceedings in original suit No.
The Deputy Registrar Societies, respondent 6 in the appeal herein, by the order dated March l9, 1994 cancelled the registration of RMJ Society.
It is number necessary for us to go into the details of the litigation going on between the parties for the last more than ten years.
Director of Education and others stands transferred with immediate effect to the companyrt of the District Judge, Agra who shall transfer it to any other companyrt of companypetent jurisdiction, other than Sri Chandra Bhan, IIIrd Addl.
The society claims that it has established and is administering various educational institutions including Sri Ratnamuni Jain Inter College The companylege Agra.
After any order passed under Order 39, Rules 1 and 2 C.P.C. affected party will have statutory remedy to file appeal revision as provided under the Code of Civil Procedure.
230 of 94, Sri Sweatambar Sthanakwasi Jain Samiti and others vs. Regional Dy.
It is made clear that after Sri Moti Lal Jains impleadment as defendant, he shall be given an opportunity to file objections against the interim injunctions applications and also the written statement against the plaint.
Civil Judge, Agra respondent No.l Annexures 20 and 23 to the writ petition .
Respondents 1 2 challenged, the order of the learned Additional Civil Judge by which he granted interim relief to the appellants, the order rejecting the application for impleadment and also for quashing of the plaint, before the High Court by way of a writ petition under Article 226 of the Constitution or lndia.
Director of Education Agra Region, Agra.
Civil Judge, Agra in Original suit No.230 of 94, Shri Swetambar Sthanakwasi Jain Samiti Vs.
Civil Judge, Agra from taking any further proceedings in original suit No.230 of 94 aforesaid.
The application for interim injunction would be companysidered afresh again after hearing the parties by the learned Civil Judge, to whom the case is transferred.
The proceedings before the learned IIlrd Addl.
Suffice it to say that respondents 1 and 2, in the appeal herein, got a rival society, namely, RMJ Educational Society the RMJ Society registered under the Societies Registration Act on September 10, 1991.
Civil Judge, Agra.
Regional by.
The Deputy Director of Education and the District Inspector of Schools withdraw their orders and stopped the appellants from managing the companylege and operating the bank accounts.
Swetambar Sthanlakwasi Jain Samiti the society , Petitioner No.1 in the appeal herein, is a society registered under the Societies Registration Act.
Kuldip Singh, J. Special leave granted.
There is an additional prayer to restrain respondent No.1 i.e. Addl.
