S.K.Mookherjee - (1.)The present first Misc. appeal is directed against Order No. 5 dated 26th August, 1994, passed by the learned Judge. VII Bench, City Civil Court, Calcutta, in title suit No. 2490 of 1994, dismissing an application of the plaintiff/appellant under Order 39, Rules 1 and 2 read with section 151 of the Code of Civil Procedure. The injunction prayed for, inter alia, was seeking to restrain the defendants/respondents, their men, agents etc. from taking any steps or giving any effect to or holding any election as per the notice dated 15th July, 1994. The said notice dated 15th July, 1994, in substance purported to initiate an election process in terms of the general body decision, dated 16th April, 1994, for certain posts in the appellant's Association.
(2.)The plaintiff/appellant filed the instant suit, inter alia, praying for declaration that the said notice was illegal, arbitrary, void and bad in law; that the appointment of defendant No. 1, who issued the said notice as Election Commissioner was illegal, void and liable to be cancelled, for permanent injunction seeking to restrain the defendants and their men and agents from taking any steps and/or giving and any effect in terms of or to the said notice, inter alia, alleging various infirmities and illegalities in the process of election initiated. In connection with the said suit, the prayer for temporary injunction had been made.
(3.)An affidavit-in-opposition was filed on behalf of the contesting defendant No. 2 and in the said affidavit-in-opposition, apart from purporting to controvert the contents of the plaintiffs application for injunction, specifically a point was taken that the plaintiffs Association was a registered Trade-union and as such the suit did not lie before the City Civil Court, Calcutta.
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