Case Note & Summary
The present appeals under Order 43 Rule 1 of the Code of Civil Procedure, 1908 were preferred before the High Court of Judicature for Rajasthan at Jodhpur, challenging an order dated 29 May 2026 passed by the District Judge, Pali in Civil Misc. Case No. 97/2026. That order partly allowed an application filed under Order 39 Rules 1 and 2 read with Section 151 CPC in a suit instituted in relation to the management, administration and office-bearers of Shri Vishwakarma Jangid Samaj Seva Samiti, Pali. The society was stated to be registered under the Rajasthan Societies Registration Act, 1958, bearing Registration No. 44/68-69, with its certificate of registration issued on 6 June 1968. As per the bye-laws/constitution of the society, its Executive Committee comprised, among others, the posts of Chairperson, Secretary and Treasurer. The central controversy concerned the validity of an amendment made in the bye-laws/constitution of the society and the elections conducted thereafter. The plaintiffs-appellants in S.B. Civil Misc. Appeal No. 2506/2026 alleged that respondent No.1, who had functioned as Chairperson during the previous tenure, caused amendments to the bye-laws/constitution without the requisite approval of the general house. These amendments purported to introduce a permanent membership amount of Rs.200 and altered the tenure of the Executive Committee to three years; they were approved or recorded by the Registrar of Societies, Pali on 23 January 2026. According to the plaintiffs, a general house meeting was convened on 5 March 2026 in connection with proposed elections, an election notification was issued on 7 March 2026, and elections were declared unopposed on 9 March 2026. In those elections, Mohanram was declared elected as Chairperson, Omprakash Jangid as Secretary and Amarchand Sharma as Treasurer for the year 2026. The plaintiffs questioned the subsequent election process under which respondent No.1 and other office-bearers came to be shown as elected. The contesting defendants contended that the general house meeting had been duly convened before the amendment of the bye-laws/constitution, the proposed amendments had been approved in that meeting, and the requisite intimation was subsequently submitted to the Registrar of Societies, Pali, who recorded the amendments on 23 January 2026. The defendants further asserted that no objection was raised by the plaintiffs despite their knowledge of and participation in the general house proceedings. The matter came before the High Court as two connected appeals being S.B. Civil Miscellaneous Appeal No. 2032/2026 and S.B. Civil Miscellaneous Appeal No. 2506/2026. The appeals were heard on 23 July 2026 and judgment was reserved on the same date. The judgment was pronounced on 18 August 2026. However, the text made available for analysis contains only the introductory paragraphs, the description of parties, and the factual narrative up to paragraph 5. It does not include the subsequent paragraphs containing the court's reasoning, findings on the merits of the interim injunction, or the final operative order. Consequently, the decision of the High Court, the ratio decidendi and any directions issued cannot be extracted from the provided judgment text. Only the background facts, the nature of the dispute, and the rival contentions of the parties are known from the available excerpt.
Headnote
A) Civil Procedure - Interim Injunction and Appeals - Order 43 Rule 1, Order 39 Rules 1 and 2, Section 151 Code of Civil Procedure, 1908 - Appeal against partly allowed interim injunction in society election dispute - The appeals challenged an order dated 29.05.2026 passed by the District Judge, Pali in Civil Misc. Case No. 97/2026, which partly allowed an interim injunction application. The underlying dispute involved the validity of bye-law amendments and subsequent elections of a registered society under the Rajasthan Societies Registration Act, 1958. No final holding is available from the extracted portion (Paras 1-5).
Issue of Consideration
Whether the order dated 29.05.2026 passed by the District Judge, Pali partly allowing the interim injunction application under Order 39 Rules 1 and 2 read with Section 151 CPC was sustainable; Validity of the amendment made in the bye-laws/constitution of the Society and the elections conducted thereafter.
Law Points
- Appeal against order under Order 39 Rules 1 and 2 CPC lies under Order 43 Rule 1 CPC
- Section 151 CPC saves inherent powers
- Interim injunction in society election disputes requires prima facie case
- Validity of bye-law amendments and elections of registered society to be examined
