Sthanakwasi Jainsamiti & Anr Vs. The Alleged Committee of Management Sri
R.J.I. Colleges Agra  INSC 262 (14 February 1996)
Singh (J) Kuldip Singh (J) Ahmad Saghir S. (J) Kuldip Singh, J.
1996 AIR 1209 1996 SCC (3) 11 JT 1996 (3) 21 1996 SCALE (2)195
Sthanlakwasi Jain Samiti (the society), Petitioner No.1 in the appeal herein,
is a society registered under the Societies Registration Act. The society
claims that it has established and is administering various educational
institutions including Sri Ratnamuni Jain Inter College (The college) Agra. This appeal is sequel to the litigation between two
rival management committees, both claiming right to manage the college.
not necessary for us to go into the details of the litigation going on between
the parties for the last more than ten years. Suffice it to say that
respondents 1 and 2, in the appeal herein, got a rival society, namely, RMJ
Educational Society (the RMJ Society) registered under the Societies
Registration Act on September
10, 1991. The society
and the RMJ Society have submitted their separate schemes for the
administration of the college to the Deputy Director of Education and the
District Inspector of Schools, Agra. The
appellants elected their managing committee on July 1, 1991 whereas respondents 1 and 2 elected a separate management
committee on June 21,
1991. Both the
committees have been approaching the Deputy Director of Education and District
Inspector of Schools for recognition and different orders at different times
have been passed by these authorities.
Deputy Registrar Societies, respondent 6 in the appeal herein, by the order
dated March l9, 1994 cancelled the registration of RMJ Society. As a consequence
the Deputy Director of Education by the order dated March 23, 1934 directed the District Inspector of Schools to take
immediate action in the matter and grant recognition to the scheme of
administration submitted by the appellants. This was done and appellant No.2, Kamal
Kumar Jain was recognised as manager of the college and was permitted to manage
and operate the bank accounts. The success of the appellants was, however,
short-lived. The Deputy Director of Education and the District Inspector of Schools
withdraw their orders and stopped the appellants from managing the college and
operating the bank accounts. The appellants challenged the orders of the Deputy
Director of Education and District Inspector of Schools by way of a civil suit
no.230/94 in the Court of Civil Judge Agra. The suit was transferred to the IIIrd
Additional Civil Judge, Agra who by the order dated April 4, 1994 granted interim injunction as
prayed for by the appellants. Moti Lal Jain, respondent 2 in the appeal herein,
filed an application on April
5, 1994 before the
Additional Civil Judge for being impleaded as a party in the suit. The
application was dismissed by the learned Judge.
1 & 2 challenged, the order of the learned Additional Civil Judge by which
he granted interim relief to the appellants, the order rejecting the
application for impleadment and also for quashing of the plaint, before the
High Court by way of a writ petition under Article 226 of the Constitution or lndia.
The High Court allowed the writ petition in the following terms :
the petition deserved to be allowed partly. The prayer for quashing the plaint
and proceedings in original suit No.230 of 94 supra is rejected mainly on the
ground that the petitioners have an alternative remedy under Order 7, Rules 10
and 11 C.P.C.
prayer for quashing the order dated 4.4.94 (Annexure 20 to the petition) is
allowed and so is the case with the order dated 5.4.94 (Annexure 23 to the
petition) rejecting 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 IIlrd Addl. Civil Judge, Agra in Original suit No.230 of 94, Shri Swetambar Sthanakwasi
Jain Education and others stands transferred with immediate effect to the court
of the District Judge, Agra who shall transfer it to any other
court of competent jurisdiction, other than Sri Chandra Bhan, IIIrd Addl. Civil
made clear that after Sri Moti Lal Jain's impleadment as defendant, he shall be
given an opportunity to file objections against the interim injunctions
applications and also the written statement against the plaint.
application for interim injunction would be considered afresh again after
hearing the parties by the learned Civil Judge, to whom the case is
the final disposal of the injunction application, Sri Moti Lal Jain shall
continue to function as the Manager of the Committee to Management of Sri Ratan
Muni Jain Inter College, Loha Mandi, Agra and nobody shall be allowed to
disturb his functioning as such. After any order passed under Order 39, Rules 1
and 2 C.P.C. affected party will have statutory remedy to file appeal/revision
as provided under the Code of Civil Procedure." This appeal by the society
and Kamal Kumar Jain, Manager of the College, is against the above quoted
judgment of the High Court.
High Court in the impugned judgment noticed the prayers of the writ petitioners
before the said court as under :
this writ petition a prayer has been made for an order or direction in the
nature of certiorari quashing the plaint and all proceedings in original suit
No. 230 of 94, Sri Sweatambar Sthanakwasi Jain Samiti and others vs. Regional Dy.
Director of Education Agra Region, Agra.
a writ, order or direction has been prayed for quashing the orders dated 4.4.94
and 5.4.94 passed by the lIIrd Addl. Civil Judge, Agra respondent No.l (Annexures 20 and 23 to the writ
petition). There is an additional prayer to restrain respondent No.1 i.e. Addl.
Judge, Agra from taking any further proceedings
in original suit No.230 of 94 aforesaid." It is not disputed that the
remedy of appeal before the District Judge was available to the respondents
against the order of the Additional Civil judge by which the learned Judge
granted interim injunction against the respondents.
order dated April 5,
1994 rejecting the
applications of respondent No.2 for impleadment could also be challenged by way
of revision. The High Court also noticed this aspect in the following words :
course, he could have availed the jurisdiction of the District Judge, who has
an authority to hear appeal as well as revision. But some how or the other he
has been advised to approach this Court" We are of the view that the High
Court not only fell into patent error but also exceeded its jurisdiction under
Article 226 of the Constitution of India. Though the jurisdiction or the High
Court under Article 226 of the Constitution is not confined to issuing the
prerogative writs, there is a consensus of opinion that the High Court will not
permit this extraordinary jurisdiction to be converted into a civil court under
the ordinary law. When a suit is pending between the two parties the interim
and miscellaneous orders passed by the trial court - against which the remedy
of appeal or revision is available - cannot be challenged by way of a writ
petition under Article 226 of the Constitution of India. Where the civil court
has the jurisdiction to try a suit, the High Court cannot convert itself into
an appellate or revisional court and interfere with the interim/miscellaneous
orders of the civil court.
writ jurisdiction is meant for doing justice between the parties where it
cannot be done in any other forum.
therefore, allow the appeal with costs and set aside the impugned judgment of
the High Court. The writ petition filed by respondents 1 and 2 before the High
Court shall stand dismissed. We quantify the costs as Rs.20,000/- to be paid by
respondent No. 2.
Pages: 1 2