ARUN KUMAR MITRA, J. - (1.) This appeal has been preferred by the defendants challenging the order being order No. 18 dated 8-5-1998 passed by the learned Judge, XII Bench, City Civil Court at Calcutta in Title Suit No. 135/1998.
(2.) The impugned order has been passed by the learned Judge on an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. The said application for injunction was filed before the learned trial Judge on 23-1-1998.
(3.) The plaintiffs/respondents filed T.S. No. 135/98 and in the said T.S. the following prayers were made : (a) Leave under Order 1 Rule 8 CPC. (b) Decree for declaration that the Executive Committee including its office bearers are functus officio and the said executive Committee has no authority to amend rules and to hold election of the said club. (c) A decree for declaration that the defendant No. 4 has right to continue in the office of the defendant No. 1 as Hony. General Secretary thereof. (d) For a decree for declaration that the notice dated 7-1-1998 issued by the defendant No. 4 convening a Special General Meeting on 28-1-1998 is void, illegal and will have no effect in the eye of law. (e) For permanent injunction restraining the defendants from holding any meeting scheduled to be held on 28-1-1998 as per publication made in the Ananda Bazar Patrika on 9-1-1998 and from acting any further in pursuance of the alleged notice dated 7-1-1998 or any notices and/or to do anything prejudicial to the interests of the members of the said club including the plaintiffs. (f) Temporary injunction in terms of prayer (e) above. (g) Ad-interim injunction. (h) To appoint a Receiver to take charge of the administration of the club in place and instead of the defendants during the pendency of the suit and for till election of the Executive Committee. (i) Leave to be granted under Order 1, Rule 8 of the C.P. Code for issuing notice in respect of the institution of the suit to all members of the Mohun Bagan Athletic Club (defendant No. 1). (j) Costs of the suit. (k) Any other relief or reliefs as the plaintiff may (sic) deem fit and proper. ;