A.N.Verma, J. - (1.) This writ petition is directed against two orders, one dated 21-7-1979 passed by the learned Additional Munsif, Allahabad issuing a temporary injunction and the order by the learned II Additional District Judge, dismissing an appeal filed by the management of an educational institution against the first order. The questions which fall for determination : (1) whether the learned Additional Munsif, Allahabad had jurisdiction to issue a temporary injunction restraining the committee of management of a degree., college from holding its meeting or from implementing its resolutions; and (2) whether the learned Munsif exercised his direction in issuing the injunction legally and properly.
(2.) These are the relevant facts. The petitioner no. I is a Society registered under Societies Registration Act. It runs and manages a Degree College known as Lala Lakshmi Narain Degree Collage, Sirsa, Allahabad, which has been arrayed as petitioner no. 2. through a committee of management. The said Degree College is affiliated to the Kanpur University. Its management is regulated by the State Universities Act and the First Statutes of the Kanpur University Act which came into effect on July 1,1977. The petitioner No. 3 is the manager of the committee of management of the Collage. One Dr. A.P. Srivastava (respondent N. 3) was appointed as the Principal of the Collage on 3-9-1977 on one years probation. Not finding the work of the said Principal satisfactory and up to the mark, the said committee of management passed a resolution on 2-9-1978 extending the period of his probation by another year. It seems that the committee of management was not satisfied with the work of the said Principal even by the end of the second year. It consequently convened a meeting for 22-7-1979, the agenda of which is stated to have been circulated on 13-7-79. Items nos. 2 ane 4 of the agenda read as follows "(2) To consider the complaints received against the Principal Dr. A. P. Srivastava. (4) To consider the probationary period of Dr. A. P. Srivastava, Principal of the Collage, expiring on 2-9-1979."
(3.) Just two days before the aforesaid meeting was to take place, Sri P. C. Srivastava, a Teacher in the Collage (respondent no. 2) instituted a suit No. 673 of 1979 in the court of the learned Munsif (East), Allahabad. The suit wag immediately transferred to the court of Sri T. M. Khan, the Additional Muusif, Allahabad, the same day. Along with the suit, an application for temporary injunction was also filed by the plaintiff in which it was prayed that the management and its office bearers be restrained from holding the aforesaid meeting scheduled fop 22-7-79 or on any other date. On this application, notices were directed to be issued to the defendants which included the petitioners as well as the Principal besides two others on 20-7-79 itself. It appears among the various defendants, only the Vice-President of the Committee of Management was served by 21-7-79.;