Sabyasachi Bhattacharyya, J. - (1.) The present application under Article 227 of the Constitution of India is directed against an order whereby the appellate court reversed an order of refusal of temporary injunction and held that the plaintiff/opposite party is entitled to continue as member of the petitioner-Society, being the Agrasain Seva Samity, until cessation of his trusteeship as per the Rules of the said Samity. It was further observed that the defendant/petitioner is always at liberty to follow the prescribed procedure as per the Regulations. It was held that the plaintiff, under those circumstances, would be entitled to raise this plea and the decision is to be taken by the defendant as per the Regulations. It was further observed that in case the decision is passed against the plaintiff after due process is followed, it is always open to the defendant(s) to file an application for vacating the interim order, in view of change of circumstances, under Order XXXIX Rule 4 of the Code of Civil Procedure and the plaintiff would be entitled to contest the same on merits under those circumstances.
(2.) The dispute from which the instant matter arises relates to the alleged expulsion of the plaintiff/opposite party from membership and trusteeship of the petitioner-Society.
(3.) The reliefs claimed in the suit are as follows: "a. For a decree for declaration that the plaintiff is the permanent member and thrustee of Agrasain Seva Samity as fully described in Schedule "A"; b. For further decree for declaration that the resolution taken by the defendant in meeting held on 15.10.2017, 29.10.2017, 19.11.2017 and 06.01.2018 relating to plaintiff's membership in Agrasain Seva samity as described in schedule "B" is void, illegal and inoperative; c. For further declaration that resolution dated 19.11.2017 taken by the defendant against the plaintiff to expel him from the membership of Agrasain Seva Samity is void, illegal, arbitrary, inoperative, and not binding upon the plaintiff; d. For further declaration that the meeting of Agrasain Seva Samity held on 19.11.2017, and also the meeting held on 6.1.2018 and the resolution taken therein and the notice dated 16.1.2018 to call for extra ordinary general meeting on 11.02.2018 is void, illegal, inoperative, and not binding upon the plaintiff; e. For a further decree for permanent injunction against the defendant its representatives, men, agents, interalia from giving any effect to the notice dated 16.01.2018 from holding any Extra Ordinary General Meeting, scheduled to be held on 11.2.2018 for giving effect to the purported resolution passed on 19.11.2017 by the defendant or preventing the plaintiff in acting/functioning as members/trustee of Agrasain Seva Samity; f. For temporary injunction in terms of prayer (d) above; g. For Leave under Order 2 rule 2 of the code of civil procedure; h. For costs; i. For any other relief or reliefs to which the plaintiff is entitled to in law and equity.";