N.K. Mehrotra, J. - (1.) This is a petition under Articles 226 and 227 of Constitution of India for issuing a writ of certiorari quashing the impugned order dated 22.3.2005 passed by the IVth Additional District Judge, Lucknow in Misc. Civil Appeal No. 190 of 2004 and for a direction commanding the opposite parties lo supply the copy of the memorandum of appeal and application for interim relief to provide an opportunity of argument in appeal.
(2.) The petitioner is the member of the Hotels and Restaurant Association of Northern India and is also elected as office bearer of the same. At the time of 52nd annual General Meeting of the Association which is a registered company, a Regular Suit No. 738 of 2003 was filed at Lucknow and an ex-parte injunction was granted by the Court on 22.12.2003 to the effect that the then elected body shall either misuse the funds nor they shall take any policy decision and when the 53rd Annual General Meeting was due, the plaintiff of that case, filed Misc. Application under Order XXXIX, Rule 2-A of the Code of Civil Procedure and obtained an ex-parte stay order from holding the Annual General Meeting/Election which was the statutory requirement of the company. The elected body filed the Writ Petition No. 3887 (M/S) of 2004; Col. Manbeer Chaudhary v. Civil Judge (Senior Division), Lucknow and this Court passed an interim order on 31.8.2004 staying the impugned order and it was also observed that the result of the election shall be subject to the final decision in the writ petition. Subsequently, the elected executives filed Regular Suit No. 661 of 2004 in the Court of the Civil Judge (Senior Division), Lucknow challenging the proprietary of the election held after the order of this Court in the earlier writ petition. The said suit was filed in the individual name and the petitioner was impleaded as defendant No. 9 in the said suit. The plaintiff of this suit obtained an ex-parte interim order from functioning as the elected office bearer. The petitioner appeared and challenged the jurisdiction to scrutinize the proprietary of the election, which was held on the basis of the interim order of this Court. The Civil Judge (Senior Division), Lucknow rejected the injunction application vide order 8.10.2005. The opposite parties No. 2 and 3 filed Misc. Appeal in the Court of the District Judge, Lucknow which is now pending before the IVth Additional District Judge, Lucknow, the opposite party No. 1. The opposite party No. 1, the IVth Additional District Judge, Lucknow without sending the copy of memorandum of appeal and the notices to the petitioner (respondent in appeal) proceeded to hear the appeal. The petitioner appeared by filing the Vakalatnama and moved an application for getting a copy of the memorandum of appeal and the copy of the application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure and sought time to reply and argued the matter but without assigning any reason the opposite party No. 1 has rejected the application vide impugned order as contained in Annexure No. 1 and fixed the date for judgment.
(3.) I have heard the learned Counsel for the parties.;