Ranjan Kumar Mazumdar, J. - (1.) The instant Civil Revisional application under Section 115 of the Civil Procedure Code is at the instance of the plaintiff-petitioner Sree Jain Swetamber Terapanthi Vidyalaya (Society), registered under the West Bengal Societies Registration Act, 1961 as represented through its Honorary Secretary and this is directed against order No. 113 dated 21.9.99 passed by the Ld. Judge, Third Bench, City Civil Court, Calcutta in Title Suit No. 1779 of 1997 rejecting the prayer of the petitioner for police help.
(2.) The case of the plaintiff-petitioner society was in brief that from time to time it set up four schools for imparting education to the students belonging to the Jain Community. However, there was another organisation of the Jain Community known as Jain Swetamber Terapanthi Mahasabha and according to the petitioner, this organisation was their rival. According to the petitioner, the defendant No. 1-O.P., who happened to be the previous Headmaster of the Boys' High School (now a terminated member of the staff) and other defendant-O.Ps 2 to 5, who previously happened to be the members of the school Committee, joined hands with the rival organisation and were involved in sabotaging the noble activities of the Society and Trust in the matter of running several schools etc. Hence, the petitioner- society was compelled to file T.S. No. 1779/97 in the City Civil Court, Calcutta against the said defendant-O.Ps. 1 to 5 praying for certain reliefs. In the said suit the petitioner-society also filed an application under Order 39 Rules 1 and 2 read with Section 151 Civil Procedure Code and obtained an order of Temporary Injunction restraining the O.Ps 1 to 5 from entering the school premises run by the society as also from causing any interference or obstruction in the matter of functioning of the schools of the society and its other activities. However, the said order of injunction was challenged by the O.P. Nos. 1 and 2 whereupon two Joint Administrators were appointed by the Hon'ble High Court, Calcutta ousting the Managing Committees of the petitioner-society for managing and supervising the affairs of the schools and the Trust. Thereupon the petitioner-society moved a Special Leave Petition before the Hon'ble Supreme Court of India. In the said S.L.P. the Hon'ble Supreme Court was pleased to pass an order on 9.2.99 removing the Joint Administrators and remitting the case back to the High Court for consideration of the appeal preferred by O.Ps 1 and 2 in accordance with law. In view of such orders of the Hon'ble Supreme Court, the Joint Administrators discontinued to function as such with effect from 15th February, 1999, but unfortunately the Joint Administrators did not hand over charge to the petitioner-society. According to the petitioner the erstwhile Joint Administrators did not make over charge solely with the ulterior motive of helping the rival organisation viz., the Jain Swetamber Terapanthi Mahasabha so as to enable the said Mahasabha to grab the property and other assets of the schools run by the petitioner-society and also to remove the records and documents of the petitioner-society stealthily with the help of rank-outsiders. In such an eventuality the petitioner-society had no other alternative but to file a petition under Section 39 Rule 7 read with Section 151 Civil Procedure Code for appointment of an Advocate Commissioner for making an inventory of all assets, records etc. of the society and another petition for police help under Section 151 Civil Procedure Code for implementation of Hon'ble Supreme Court's order dated 9.2.99 and the order of the Ld. City Civil Court, Calcutta, dated 29.1.98 granting Temporary Injunction in favour of the petitioner-society. On 15.6.99 the Ld. Judge, Third Bench, City Civil Court, Calcutta passed an order allowing the prayer of the petitioner for appointment of an Advocate Commissioner for making inventory of all the articles, records, documents etc. of the petitioner- society. But unfortunately the application of the petitioner- society under Section 151 Civil Procedure Code for police help for implementation of the order of Temporary Injunction passed in their favour by the Ld. City Civil Court, Third Bench, Calcutta on 29.1.98 and also the order passed by the Hon'ble Supreme Court on 9.2.99 removing the Joint Administrators was rejected by the Ld. City Civil Court vide order passed on 21.9.99 in T.S. No. 1779/97. Hence the prayer for setting aside the said order of the Ld. Court below.
(3.) I have had the opportunity of hearing Ld. Counsels for both the sides at length in the matter. The only question requiring consideration in this hearing was whether the Ld. Court below, while passing the impugned order dated 21.9.99 in T.S. No. 1779/97 acted in the exercise of its jurisdiction illegally or with material irregularity and whether the impugned order occasioned a failure of justice or caused irreparable injury to the petitioner-society, or not.;