- (1.) This Rule brings to light an intriguing point of some importance. The Plaintiff is the Petitioner and the Rule is directed against an order dated 17.3.73 passed by Shri M. Roy, Addl. District Judge, 7th Court, Alipore, Dist. 24-Parganas, rejecting the Petitioner's application for staying Misc. Appeal No. 63 of 1973 (wrongly recorded as Misc. Case No.63 of 1973), till the disposal of the Misc. Judicial Case No.36 of 1973, pending before the learned District Judge, Alipo9re, Dist. 24-Parganas.
(2.) The point involved arises in the back-drop of the following facts. The Plaintiff-petitioner, who is a member of the Indian Administrative Service, filed Title Suit No. 382 of 1972 in the 2nd Court of the Munsif at Alipore on 4.12.72 against the Damodar Valley Corporation and other Defendants for a decree for permanent injunction, restraining the Defendants from interfering and/or attempting to enforce an order dated 1.12.72, purported to be an order of release, indicating that the services of the Petitioner, who was on deputation in D.V.C. as Deputy Secretary, are replaced at the disposal of the Government of Bihar with immediate effect. Along with the suit an application under Order 39 Rules 2 and 3 read with Section 151, Civil Procedure Code was also field for an order of temporary injunction. The learned Munsif issued notices calling upon the defendants to show cause within ten days from receipt of the notices as to why the prayer for ad-interim injunction shall not be allowed and in the meanwhile issued an order of ad-interim injunction restraining the Defendants from giving effect to the order dated 1.1.72 till the disposal of the injunction matter. The Defendants put in their appearances and contested the injunction matter. By his order dated, 20.1.73, the learned Munsif ultimately vacated the order of injunction and on prayer made by the Petitioner, the learned Munsif by is order dated 27.1.73 stayed the operation of his order dated 20.1.73 till 31.1.73.
(3.) The Plaintiff-Petitioner preferred an appeal, being Misc. Appeal No.63 of 1973 (wrongly recorded as Misc. Case No.63 of 1973), before the learned District Judge, Alipore, Dist. 24-Parganas, against the aforesaid order dated 20.1.73 vacating the order of injunction. A prayer was also made for an ad-interim injunction. The learned District Judge passed an order calling for the record and for issue of notices on the Respondents. The Plaintiff-Petitioner also filed an application praying for staying the operation of the order appealed against as also for an order of temporary injunction, restraining the Respondents from giving effect to the order dated 1.12.72 and from disturbing the Plaintiff from discharging his duties as an officer in the post he held. On 31.1.73 the learned District Judge directed a stay of operation of the order-dated 20.1.73. It was thereafter submitted by the Plaintiff that there was a violation of the stay order and an application for contempt under Section 3 Clause (1) of the Contempt of Courts Act was filed on 16.3.73 before the learned District Judge and it was further prayed that pending the hearing of the contempt matter the opposite parties may be restrained from appearing and/or defending the Misc. Appeal No. 63 of 1973 which was since transferred to the 7th Court of Additional District Judge at Alipore. On the 16th March, 1973, the learned District Judge registered the contempt application as Misc. Judicial Case No.36 of 1973 and on the petition for temporary injunction, he issued notices on the Defendants-Opposite Parties to show cause as to why they shall not be restrained from appearing and/or defending the Misc. Appeal No.63 of 1973 pending in the 7th Court of the Additional District Judge. He however rejected the prayer for temporary injunction in the meanwhile, inter alia, on the ground that an enquiry was yet to be made on the merits of the said application as to whether a reference will be made to the High Court for taking appropriate steps. The Plaintiff-Petitioner thereafter applied before the learned Additional District Judge, 7th Court, Alipore for staying the hearing of the Misc. Appeal No. 63 of 1973 till the disposal of the Misc. Judicial Case No.36 of 1973, pending before the learned District Judge. The said prayer was rejected on 17.3.73 by the learned Additional District Judge, 7th Court, Alipore, who however was pleased to grant time till 4.4.73 to bring an order of stay from the High Court ad fixed the hearing of the Misc. Appeal on the 7th April, 1973.;