S. N. Singh, J. - (1.) THE above three cases have come before this Bench in view of an apparent conflict between the decisions of two Division Benches of this Court (L. D. Meston School Society v. Kashi Nath Misra, AIR 1951 All 558 and Raja Deo Singh v. Kr. Shambho Krishna Narain, 1960 All LJ 124.) Before advert ing to the question of law involved in these three cases it Is necessary to give In brief the facts of each case.
(2.) FIRST Appeal from Order No. 152 of 1967 arises out of a suit brought by the plaintiff who claim s to be an Abhiyanta in the service of Zila Parishad, Budaun for a perpetual injunction requiring the defendants not to enforce an order of suspension dated the 29th of April 1967 said to have been Issued under the signature of Adhyaksh, Zila Pari-ehad, Budaun. It was also prayed that the defendants be restrained from Inter fering in the discharge of his duty as Abhiyanta of the Parishad, In this suit the plaintiff moved an application sup ported by an affidavit for the issue of an ad interim injunction under Order 39, C.P.C. The Civil Judge considered this application and passed the following order: "Issue notice to the defendants, their employees, agents, workmen etc. to show cause why they should not be restrained from enforcing the order of suspension dated 29-4-1967 and from interfering in the discharge of the plaintiff's duty as Engineer and from calling upon the plain tiff to hand over charge of his post of Engineer. In the meantime the defendants, their employees, agents, workmen etc. are restrained pending the disposal of the suit from enforcing the order of suspen sion dated 29-4-1967 from interfering in the discharge of the plaintiff's duties as Abhiyanta of the Zila Parishad and from calling upon the plaintiff to hand over charge of the post of Abhiyanta. The plaintiff will continue to receive his pay and allowances from the Zila Parishad as admissible under the rules". Against the above exparte order passed by the Civil Judge, Budaun, First Appeal from Order No. 152 of 1967 was filed in this Court. When this appeal was listed for hearing, one of us (S. N. Singh, J.) finding apparent conflict between the two Division Bench cases men tioned above referred the following ques tions to a larger Bench:- (1) Whether the ex parte order issuing Injunction against the defendants is ap pealable in the circumstances of this case? (2) If the order is appealable can the appellant rely on fresh evidence which was not before the trial Court?
(3.) FIRST Appeal from Order No. 170 of 1966 arises out of Suit No. 14 of 1966 which was instituted by the plaintiffs against the defendants for possession over the cinema house Sunder Talkies along with its machinery and furniture and for a decree for Rs. 10.600.00 as arrears of lease money and also for a decree for mesne profits at the rate of Rs, l.OOO.00per month from 1st April 1966 In the Court of Civil Judge, Basti. In this suit the plaintiffs filed an application for In junction supported by an affidavit and prayed that an ad Interim Injunction be issued restraining the defendants from using the cinema house, machinery and furniture and holding the cinema shows. They also prayed for the appointment of a commissioner to make an inventory of all the articles and for giving the same In Supurdagi of some reliable person.;