TMI Blog1994 (4) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... ition for the reliefs aforesaid. Respondent no S is Sweatambar Sthanakwasi Jain Samiti, Loha Mandi' Agra and Sri Kamal Kumar Jain has been at rayed as Respondent No. 6. He claims to be the Manager of the Institution namely, Sri Ratan Muni Jain Inter College , Loha Mandi, Agra. 3. The said Institution is owned and managed by Respondent No. 5 through the committee of management for over a decade under a scheme of administration approved by Respondents 2 and 3. The last election of the committee of management was held on 21-6-91, in which the committee of management when Sri Vinai Kumar Patni was elected as a President and Sri Moti Lal Jain, Petitioner No. 2 was elected as Manager. This election was approved by the District Inspector of Schools (D.I.O.S. in short), on 22-6-91. On that date, he attested the signature of Moti Lal Jain as Manager and ever since Sri Motl Lal Jain is heading the committee of management and is managing the affairs of the school. 4. Sri Kamai Kumar Jain, Respondent No. 6 set up another rival committee of management with himself as the Manager. By exercise of political pressure upon Respondents 2 and 3, Sri Kamal Kumar Jain obtained an order in his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terim hearing. The caveats of the Petitioners were rejected mainly on the ground that the suit was not filed against them and they were not arrayed as Defendants. An application for interim injunction under Order 39 Rules 1 and 2 Code of Civil Procedure was moved on that very date and the Hlrd Addl. Civil Judge, Agra, Respondent No. 1 to whom the case was transferred, granted the injunction directing that the order of Dy. Director of Education and the D.I.O.S. dated 23-3-24 would remain inoperative and they were further restrained for interfering in the functioning of Sri Kamal Kumar Jain as Manager wide order dated 4-4-94 (Annexure 20 to the petition). The Petitioners applied on that very date to be impleaded. Objections were filed by Sri Kamal Kumar Jain and others and the application for Impleadment was rejected by the Hlrd Addl. Civil Judge, Agra on 5-4-94. 7. According to the Petitioners, the suit has been filed by concealing relevant facts and without making any reference to the writ petition filed by the Respondent No. 6 and others and decided against them. The application for amendment was also rejected on wrong premise and illegal assumptions. That amounts to gross misu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstitution, this Court has wide powers to pass any suitablegorders including the order to quash the proceedings in the suit aforesaid. This point has been stressed by the Single Bench decision of this Court in Smt. Mahadevi v, Civil Judge, Farrukhabad, 1987 (1) ARC 406, and Ram Shanker alias Ramail v. Special/Addl. District Judge 1985 (2) ARC 393, and a catena of several other rulings. On the other hand, rulings are also available to the effect that the court should restrain itself, as far possible, from passing orders under Article 226 of the Constitution where alternative remedy is available. In that connection, the judgment of the Division Bench of this Court in writ petition No. 7375 of to delivered on 4-2-94 has been cited. In that petition also, the prayer was, to quash the Injunction order granted by Muusif in civil suit No. 80 of 84 and also a prayer was there for qmshing the plaint itself. The Division Bench disposed of the writ petition by holding that the Petitioners bad statutory remedy available against the Injunction order and they could file an appeal under Order 43, Rule 1 Code of Civil Procedure They had also a remedy under Order 7, Rule 11 Code of Civil Procedure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s: According to the Respondent No. 3 (Moti Lal Jain), the election of committee of management was held on 21-6-91 and he was elected as Manager, whose signature was attested by D.I.O.S. How ver, according to the Petitioner (Kamal Kumar Jaw) the election of the Committee of management was held on 2-7-91 and not on 21-6-91...If it apparent that on 1-7-91 the election of the managing committee of the society and not the election of the committee of management of the college, was held on 1-7-91...So far as the jurisdiction of the Dy. Director is concerned, it is confined to the adjudication of managerial dispute of the committee of management of the Intermediate college. It has no concern with the society which might be running the institution. the order of the Dy, Director of-Education does not suffer from any manifest error of law. The petition ia accordingly dismissed. 19. The judgment of the special appeal No. 465 of 92 (Annexure 9 to the writ petition) arising out of the judgment of Hon'ble R.A. Sharma, J supra is Annexure 9. At page 88, Hon'ble Judges have observed as follows: The main submission of the learned Counsel for the Appellants is that two rival committ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nity to Sri Motl Lal Jain, attested the signature of Sri Kamal Kumar Jain. But as the luck would have had, Sri Mod Lal Jain got a scent of this activity going on and on that very date, he moved the Dy. Director of Education, Agra, who passed an order staying the effect of attestation of signature of Sri Kamal Kumar Jain by D.I.O.S, (Annexure 13 to the petition) vide order of the same date (Annexure 14 to the petition). The D.I.O.S. closely followed the same and he also stayed the operation of his order on that very date (Annexure 15 to the petition). Not only this, Sri Moti Lal Jain filed his caveat in the court of Civil Judge on that very date apprehending some action by the civil court at the behest of Sri Kamal Kumar Jain. Sri Kamal Kamar Kumar Jain filed the suit on 31-3-94. The prayer for hearing through the caveat was rejected and the application under Order 1 Rule 10 Code of Civil Procedure was also rejected and so an injunction order was passed in favour of the Respondents. 23. A look at the plaint (Annexure 18) will show that in paragraph 3 it was alleged that the management of the school is being carried on under the Scheme of Administration prepared by the Plaintiff N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a Manager. So the relevant controversy was there and it had to be decided by the learned Civil Judge as to whether Sri Kamal Kumar Jain was the Manager of the Society or Sri Moti Lal Jain. Being very much conscious of this position and without deciding this question of Managership, the court could not pass any effective decree. The learned Addl. Civil Judge overlooked this glaring feature of the case and he virtually shut his eyes with the germane point for determination as to who was, in fact. Manages of the Institution. Again it was clear that if Sri Kamal Kumar Jain was allowed to work as Manager, the term of Sri Moti Lal Jain will come to an automatic and unceremonious end and that too without hearing him, although he was very much available and knocking the doors of the court with a prayer for an opportunity to be heard. Such a gross injustice as has been done by the learned Addl. Civil Judge, could not have been imagined. He mechanically rejected the application of Moti Lal Jain, who prayed for being impleaded as a. party. The theory of dominus litus should not be oversti etched because it is the duty of the court to ensure that if for deciding the real matter in dispute, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting the application for impleadment. Both these orders are quashed totally. The application for impleadment as Defendant by Sri Moti Lal Jain is allowed. The proceedings before the learned IIIrd Addl. Judge, Agra in Original Suit No. 230 of 94, Shri-Swetambar Sthanakwasi Jain Samiti v. Regional Dy. Director of Education and Ors. stands transferred with immediate effect to the court of the District Judge, Agra, who shall transfer It to and other court of competent jurisdiction, other than Sri Chandra Bhan, IIIrd Addl. Civil Judge, Agra. 29. It is made clear that after Sri Moti Lal Jain's impleadment as Defendant, he shall be given an opportunity to file objections against the interim injunction application and also the written statement against the plaint. The application for interim injunction would be considered afresh again after hearing the partier by the learned Civil Judge, to whom the case is transferred. 30. Till the final disposal of the injunction application, Sri Moti Lal Jain shall continue to function as the Manager of the Committee of Management of Sri Ratan Muni Jain Inter College, Laha Mandi, Agra and nobody shall be allowed to disturb his functioning as s ..... 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