Bhaskar Bhattacharya, J. - (1.) This first miscellaneous appeal is at the instance of the defendants in a suit for declaration and permanent injunction and is directed against Order No. 12 dated 26th February, 2008 passed by the learned Judge, Twelve Bench, City Civil Court at Calcutta, in Title Suit No. 467 of 2007, thereby allowing an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiff- respondents after rejecting an application under Order 39 Rule 4 of the Code filed by present appellants. By the order impugned, the learned Trial Judge made the earlier interim order granted by it absolute till the disposal of the suit.
(2.) Being dissatisfied, the defendants have come up with the present first miscellaneous appeal.
(3.) The plaintiffs-respondents filed the aforesaid suit thereby praying for the following relief: "(a) A decree for declaration that since there is no existence of the Steering Committee in the Constitution of the Defendant Mahasabha, the said purported Steering Committee has no right to take any decision; (b) A decree for declaration that entire process for dissolving the plaintiff No. 1 as adopted by the defendant No.1 is vitiated by irregularities and as such the decisions taken on 24th May, 2007 by the Steering Committee of the defendant No.1 is bad, illegal, null, void-ab-initio and liable to be cancelled and/or delivered up and not binding upon the plaintiffs; (c) A decree for permanent injunction restraining the defendants and their men, agent, servant and associates from giving into effect and/or further effect to the letter dated 25th May, 2007 written by the Working President of the Gandhabanik Mahasabha, the defendant No.2 here in the letter pad of the General Secretary of the defendant No. 1 and to take any steps and/or further steps in aid of the said letter dated 25th May, 2007. (d) Costs of the suit; (e) Any other relief or reliefs as the plaintiffs are entitled to law and equity.";