Bhaskar Bhattacharya, J. - (1.) This second appeal is at the instance of a defendant in a suit for declaration and injunction and is directed against the judgment and decree dated September 29. 1986 passed by the learned Assistant District Judge, Purulia in Title Appeal No.55 of 1985 thereby affirming those dated May 3, 1985 passed by the learned Munsif, Purulia in Title Suit No.277 of 1980.
(2.) The respondent No. 1 herein filed the aforesaid Title Suit No. 277 of 1980 for declaration that he is the founder of Loulara Radha Charan Academy and was entitled to have his name entered in the category of founder in the voters' list for the purpose of reconstitution of Managing Committee of the said school and for permanent injunction restraining the appellant from holding election scheduled to be held on October 12, 1980 on the basis of voters' list finally prepared and published on September 27, 1980 and from proceeding with reconstitution of the Managing Committee of the school on the basis thereof.
(3.) The said suit was contested by the present appellant by filing written statement thereby opposing the prayer of the respondent No. 1 and one of defences taken by the appellant was that the suit was not maintainable in the absence of West Bengal Board of Secondary Education, Director of the Secondary Education and District Inspector of Schools (Secondary Education), Purulia.;