JUDGMENT Kamlesh Sharma, J.—In Suit No. 21 of 1991, the plaintiff-applicant has prayed for declaration that it is owner of the building Chalet and is entitled to run the ECI. Chalet Day School through its Management Board and the defendants-non-applicants have no right, title or interest in running the school either directly or through anyone else and also for permanent prohibitory injunction restraining the defendants-non-applicants, their servants or agents and all persons claiming under them from interfering with the peaceful administration of E C I. Chalet Day School by the plaintiff applicant and also from holding out that the defendants-non-applicants are in the management of the E C I. Chalet Day School, Shimla. Alongwith the Civil Suit, O.M F No. 114 of 1991 was filed under Order 39 Rules I and 2 C. P. C by the plaintiff-applicant for restraining the defendants-non-applicants from interfering with its peaceful possession and management of E.C.I. Chalet Day School through its management board and Principal Mrs. D. P. Dass during the pendency of the suit 2. In the O M. P., this Court on 16-4-1991 issued notice and passed the following interim order?— "Present : Sh. K. D. Sood, Advocate, with Sh. Naresh Sood, Advocate, for the plaintiff-applicant. Notice to the defendants returnable on 29th April, 1991. I have heard Sh. K. D. Sood, learned Counsel for the plaintiff and gone through the plaint as well as the documents filed alongwith it. Prima fade, the plaintiff-society is in possession and management of E C.I. Chalet Day School through its Management Board and Principal Mrs, D F. Dass and has a right to continue as such. Therefore, the defendants are restrained from interfering with the peaceful possession and management of E CX Chalet Day School by the plaintiff till further orders. Dasti copy on usual terms." 3. The defendants-non-applicants have been served in the suit but have not filed their written statement. In the O.M.P., they have filed their reply and placed on record a number of documents to oppose it and have prayed that the ad-interim stay may be vacated. 1 have heard the learned Counsel for the parties and gone through the record. 4. This cannot be disputed that grant of temporary injunction is a matter of exercising discretion-judicial discretion by rightly appreciating the facts on record and applying true principles to those facts. 1 have heard the learned Counsel for the parties and gone through the record. 4. This cannot be disputed that grant of temporary injunction is a matter of exercising discretion-judicial discretion by rightly appreciating the facts on record and applying true principles to those facts. The well known tests to be applied in issuing temporary injunction are :— (i) whether the plaintiff has a prima facie case ; (ii) whether the balance of convenience is in favour of the plain-tiff; and (iii) whether the plaintiff would suffer an irreparable injury if his prayer for temporary injunction is disallowed. 5. Whether the plaintiff -applicant has optima facie case in its favour means whether from the allegations made in the plaint and other material on record, it is able to raise serious question(s) to be tried at the hearing and whether there is probability that the plaintiff-applicant is entitled to the relief claimed by it in the plaint. In view of the kind of declaration sought for by the plaintiff-applicant, it must prima facie show its title over the property in dispute but it cannot be the sole criterion for granting the interim injunction to it. The plaintiff-applicant must further show that prima facie it has a right to manage the E.CX Chalet Day School and, in fact, it has been managing it through its Management Board. Having shown this much, the other two tests would stand satisfied in favour of the plaintiff- applicant and against the defendants-non-applicants. 6. Keeping these guidelines in view, the respective case of the parties as put up in the plaint, application and reply to the application is to He examined. The documents placed on record by the parties are also to be scrutinised in order to find out whether these support the respective contentions of the parties. 7. 6. Keeping these guidelines in view, the respective case of the parties as put up in the plaint, application and reply to the application is to He examined. The documents placed on record by the parties are also to be scrutinised in order to find out whether these support the respective contentions of the parties. 7. As alleged in the plaint, the plaintiff-applicant is a Society registered under the Societies Registration Act with its registered office at No. 20, Stanley Road, Allahabad, U. P. The object of the Society, inter alia, is to establish and administer Churches, Educational Institutions and other Institutions of Charitable nature as stated in its Memorandum of Association The Society has framed its Roles and Regulations under section 2 of the Societies Registration Act and as per Rules and Regulations 8 and 9 thereof, the E C.I. Manual as well as Workers Rules and Regulations have been incorporated in it For ecclesiastical purposes, the Church known as Evangelical Church of India is organised on All India basis and its Government is run as provided in Chapter III of E C I Manual. At village or town level a group of 20 persons or more subscribing to the Articles of faith and pledging themselves to follow the system of administration of EC.I organise themselves into a local Church, O/i recognition of such an organised group it becomes limb of E.C.I, and is subject to its all Rules and Regulations made from time to time The work of several local Churches is coordinated by a District Conference which acts through its District Administrative Committee. Over the District Conference is the Area Conference which acts through Area Council. Over the Area Conference is All India Conference which is Supreme Body of E.C.I, and it is ipso facto the general body of the plaintiff-applicant society as provided in section 1, Part If Chapter HI of E.C.I. Manual. As the apex body of the Church and as the general body of the Society, the All India Conference shall have the dual function of regulating the affairs of the Church and the Society. As the apex body of the Church and as the general body of the Society, the All India Conference shall have the dual function of regulating the affairs of the Church and the Society. Under the head Organization in Rule III of the Rules and Regulations of the E.C.I. Society, it is provided that the affairs of the Church shall be supervised and controlled by the Board of Governors which is the administrative body of the Society which functions through its Executive Committee consisting of the office bearers of the Board of Governors and two members ejected by Ail India Conference- The Constitution of the Board of Governors as laid down in sub-rule (2) of Rule III of the said Rules and Regulations is the Area Directors and others duly elected by the All India Conference. 8. It is further alleged in the plaint that the E.C I has founded 650 Churches and established 60 schools in whole of India. The properties of E.C.I, are owned and managed by the plaintiff-applicant Society through its employees. The service conditions of the employees of the plaintiff-applicant Society are governed by E.C.I. Workers Rules and Regulations. 1984. As their services are on All India basis, they are liable to be transferred from one place to another in any part of India. The building Chalet was acquired by the plaintiff-applicant Society under Registered sale-deed dated 15-12-1976 from Shimla Loreto Educational Society for a consideration of Rs. 2,50,000. In the said transaction, defendant No. 1, Rev Chaman Lal Singh had acted as representative of plaintiff-applicant Society and as attorney of its President, Rev. M. Ezra Sargunam. At the time of the said purchase, a Nursery Day School was being run in the premises by Shimla Loreto Educational Society which continued to be run by the plaintiff- applicant Society though its name was changed to E.C.I. Chalet Day School. In the year 1977 , a dispute arose between the plaintiff-applicant Society and another Society called Shimla Education Society who sought to interfere with the ownership and administration of the said school. The plaintiff-applicant Society had filed Civil Suit No. 6 of 1977 entitled Evangelical Christian Church v. Shimla Education Society, in this Court which was decreed in its favour. In the year 1977 , a dispute arose between the plaintiff-applicant Society and another Society called Shimla Education Society who sought to interfere with the ownership and administration of the said school. The plaintiff-applicant Society had filed Civil Suit No. 6 of 1977 entitled Evangelical Christian Church v. Shimla Education Society, in this Court which was decreed in its favour. The plaintiff applicant Society was put in charge of the School and its possession on 6-12-1981 and the Shimla Education Society was restrained from interfering in any manner with the owner ship, possession and management of the School by the plaintiff-applicant Society. Thereafter, the said School has been administered by the plaintiff-applicant Society through its duly appointed Principal Mrs. D F. Dass. It is alleged that the number of students and teachers has been about 600 and 24 respectively. There is also a Managing Committee for the School appointed by the plaintiff-applicant Society. 9. Rev. Chaman Lal Singh had been appointed to several offices by the plaintiff-applicant Society from time to time. Being Pastor of E C.I. Church at Shimla, he was drawing his salary regularly from the E.C.I, and duly signed receipts thereof have been placed on the record. He was also appointed as Chairman of the Managing Committee of the School by the B.G.I-. Society. The trouble started when Rev. Chaman Lal Singh was transferred from Shimla to Paonta Sahib as Pastor vide order dated 16-2-19^0 which orders be disobeyed. Lateron, however, several other acts of his mis conduct as well as of defendant No. 9, Sh Hira Lal Ryot Secretary of the Management Board of the School were found out and disciplinary proceedings were initiated against both of them Lateron, Rev Chaman Lal Singh was removed as Pastor of E C.I. Church acid also as Chairman or E.C.L Shimla District on 3-6-1991 and in his place one Mr.. V. P. Sharma was appointed as Pastor as well as President of EC I. Shimla, Rev. Chaman Lal Singh had already been divested of Chairmanship of the Management Board of the School. Sh. Hira Lal Ryot was also removed from the Secretary ship of the Management Board of School and ex-communicated from EC 1. (Local Church) at Shimla. The present Board of Management of the School consists of the following members : — 1. Rev Dr. M. Ezra Sargunam Honble Chairman 2. Pastor V. P. Sharma Chairman 3. Mr. Sh. Hira Lal Ryot was also removed from the Secretary ship of the Management Board of School and ex-communicated from EC 1. (Local Church) at Shimla. The present Board of Management of the School consists of the following members : — 1. Rev Dr. M. Ezra Sargunam Honble Chairman 2. Pastor V. P. Sharma Chairman 3. Mr. Ezekiel Dean Vice-chairman 4. Mrs. D. F. Das Secretary 5. Mr. Sushil Kumar Treasurer 6. Mr. Dhani Ram Raju Member 7. Mr. S. N. Sahota Member 8. Rev. Yoel Charan Member 9. Prof. Rev. G Raja Bahadur Member As averred in the plaint, it transpired that Rev. Chaman Lal Singh and few others had brought about an agency called the E.C.I. Chalet Day School Educational Society registered under the Societies Registration Act on or about April, 1989 Defendants No. 1 and 2, 3 and 9 and Pastor R. D Banetta had actively participated in the establishment of the Society. When the Registration of the Society came to the knowledge of the plaintiff-applicant Society and on the representation of Rev. Chaman Lal Singh that it was founded to be an affiliate of the plaintiff-applicant society for facilitating good administration of the School and also for availing benefits from the Government under the local laws, the plaintiff- applicant society suggested certain amendments in the Memorandum of Association as well as Articles of Association of newly formed E CX Chalet Day School Educational Society if the administration of the school was to be handed over to it. Despite his assurances, Rev. Chaman Lal Singh did not carry out the amendments and with the connivance of his associates schemed to take over the school under his control He convened a meeting of E.C.I Chalet Day School Educational Society despite the in junction order dated 1-9-1990 passed by the Sub-Judge (I), Shimla in a suit entitled E. Dean and others v, Him Lai, and passed the resolution dissolving the Managing Committee of the Chalet Day School constituted by the plaintiff-applicant society and formed a new managing committee consisting of defendants No 2 to 8 Certain amendments to the Constitution of the said society were also carried out which have never been approved by the Registrar of Co-operative Societies. The plaintiff applicant society never approved the establishment of E.C f. Chalet Day School Educational Society and affiliated it as its organ. 11. The plaintiff applicant society never approved the establishment of E.C f. Chalet Day School Educational Society and affiliated it as its organ. 11. When the School opened after winter vacation, on 18-3-1991, defendants No. 2 to 8 in collusion with defendants No. 1, 9 and 10 tried to interfere with the possession and management of the school by its Principal and duly constituted Management Board. With the assistance of the Police, the plaintiff-applicant society has been able to maintain its possession and continued managing the school. The plaintiff-applicant society has claimed that since it is managing more than sixty schools throughout the country, it has the expertise in running schools. On the other hand, neither the E.C.L Chalet Day School Educational Society nor defendants No. 1 to 8, who claim themselves as Principal of the Management Board of the School have any right whatsoever to interfere in the possession and administration of the school ‘The Services of Miss Gayatri Mahantan,’ who was a teacher of the school, were terminated in December. 19-0 by paying three months salary in advance which she had accepted bat now she has colluded with defendants No. 1 to 9 and has proclaimed herself to be the Principal of the school. 12. In support of their above contentions, the plaintiff-applicant society has placed on record a number of documents. The E.C.I. Manual is also placed on record which pertains to the organization of EC I. and also Memorandum of Association and Rules and Regulations pertaining to the Organization of the plaintiff-applicant society. There are also separate Rules and Regulations for EC.I. Schools. The title of Chalet building and running of E.C.I. Chalet Day School in a portion thereof prima facie proved from the registered sale-deed dated 15-12-1976 as well as the decree and judgment dated 8-5-978 passed ^y a learned single Judge of this Court in Civil Suit No 6 of 19>7. It is correct that the sale-deed on behalf of the plaintiff-applicant society was executed by Rev Chaman Lal Singh but as its representative and attorney of its President. This position he had admitted in his statement dated 3-5-1978 made in Civil Suit No. 6 of 1977, a copy whereof has- also been placed on the record. It is correct that the sale-deed on behalf of the plaintiff-applicant society was executed by Rev Chaman Lal Singh but as its representative and attorney of its President. This position he had admitted in his statement dated 3-5-1978 made in Civil Suit No. 6 of 1977, a copy whereof has- also been placed on the record. Further, from resolutions of Board of Governors as well as its Executive Committee from 1978 to date, it is proved that possession, management and administration of Chalet building and E C.I Chalet Day School has been under the control and supervision of the plaintiff applicant Society though through Rev. Chaman Lal Singh a its representative/employee or through the Managing Committee of the school appointed by the plaintiff-applicant Society. 13- The expenditure incurred on repairs, purchase of furniture and other requisite articles for the Chalet building and E C I. Chalet Day School has been approved by the plaintiff-applicant society to which the statements of account of the building and the school have been regularly submitted by Rev. Chaman Lal Singh or by the Managing Committee Rev. Chaman Lal Singh was elected/appointed to a number of posts of E.C.I, and the plaintiff-applicant society but when the EC I. /plaintiff-applicant society found his work unsatisfactory and a number of mis-deeds and misconduct were noticed, he was first transferred from Shimla to Paonta Sahib and lateron terminated and divested of all posts of E C.I. and the plaintiff-applicant society. Further from the correspondence placed on record, exchanged between Rev. Chaman Lal Singh and the President of the plaintiff-applicant society, it is clear that Rev. Chaman Lall Singh has been submitting to the orders issued by the President of E.C I./plaiatiff-applicant society as an employee till the beginning of 1990. He has filled in form of Property Agreement for E.C.I, workers as late as on 3-10-1987 as Pastor for occupation of a part of E.C.I. Chalet building it has not been denied that he had been receiving his salary as Pastor from EC I./pIaintiff-applicant society Copies of representations on behalf of the Teachers through General Secretary, Chalet Day School Employees Union, of Miss Gayatri Mahantan are also placed on record which are addressed to the President of E C.I./plaintiff-applicant society which shows that the ultimate authority in respect of school administration has been with the plaintiff-applicant society. Therefore, these documents placed on record by the plaintiff’ applicant society support their contention that it is in possession, management and administration of E.C.I. Chalet Day School, may be through Rev. Chaman Lal Singh who was its representative/employee in the past and also through its Managing Committee duly appointed by it. 14. A reply to the application, on behalf of the defendants-non-applicants bas been filed on the affidavit of Shri T. R Azad, defend ant-non-applicant No. 2 and a number of documents have bom annexed thereto. It has been alleged in the reply that the plaint consists of misrepresentation, distortion and concealment of a number of facts which disentitle the plaintiff-applicant society from getting the interim injunction in its favour. One group of such facts pertains to ownership and possession of Chalet building and the school being run therein and the other group of facts pertains to a number of litigations pending between the darties. According to the defendants non-applicants, E C.I is a “congregational Church as opposed to episcopy which means that the Government of Church belongs to congregation in the manner decided by the congregation to which it has given the constitution “But it has been admitted that organization of E CM. is in accordance with its Manual, a copy whereof is placed on record which is same as has been filed by the plaintiff-applicant society. It is also admitted that properties of E.C.I are owned by the plaintiff-applicant society but it is emphasised that both are governed by different constitutions. It is further alleged that in Shimla hills regular local Church was established in 1969 when Rev Cbaman Lal Singh was appointed as Pastor and is still continuing as such. In the year 1970, he was also elected as such. In the year 1970, he was also elected as District Superintendent of District Conference by the congregation and he could be removed only by the congregation for some acts and proven misconduct. It is claimed that be is not under the superintendence or otherwise control of the members of the Board of Governors or Members of the Executive Committee of the society in the discharge of his day to day duties. It is claimed that be is not under the superintendence or otherwise control of the members of the Board of Governors or Members of the Executive Committee of the society in the discharge of his day to day duties. 15 The defendants-non-applicants have levelled the allegations that the president of the plaintiff-applicant society "for some years had been putting pressure on the local members of the Church, including defendant No. i Rev, Chaman Lal Singh, to transfer the assets and re-organise or amend the constitution of the society so as to make it a part and parcel of E C I. to which pressure the local congregation did not succumb as they have contributed huge amounts for the maintenance and carrying out the objects of the local Church." According to the defendants non-applicants. Chalet building, where the School was being run was purchased by the Shimla congregation for the purpose of running the school and the Church with the Joan amount of Rs. 2,26,154 60 given by the Oriental Missionary Society (International) and also by donations raised locally. It has been admitted that the building was purchased in the name of the plaintiff-applicant society. The have also referred to Civil Suit No. 6 of 1977 and the decree passed therein but alleged that at the time when physical possession of the school was taken "a local Committee was formed with a constitution and it was Intended to have the society registered separately " Lateron, the local Church and also the E C I. through the plaintiff-applicant society had been working for framing of Constitution for the local congregation. Though the Constitution was not registered but the Association continued to work on the Constitution adopted which was lateron registered as a separate society. At the time when the possession had been taken over, the school was continued by the local congregation under the Chairmanship of defendant No. 1 and the Managing Committee was also elected from amongst the local members of the Church and the building was banded over to the local congregation for running the school and also to run this Church or parsonary. At no point of time the plaintiff-applicant society was in charge of the school, rather, the school continued to be run in the building by the local congregation which later constituted an independent society with the consent of the plaintiff society" The constitution of the local society, whose name is Evangelical Church of India Chalet Day School Educational Society, has also been placed on record. 16. In support of these submission, a copy of "Revolving Loan of 0. M. S (International) and receipts of receiving and repaying the loan amount have been placed on record Copies of statute of E C I Chalet Day School, the Mall Shimla which were adopted on 17-7-1983 and Memorandum of Chalet Day School Educational Society and its Rules and Regulations have been filed by the defendants-non-applicants. Prom letters dated 10-12-1986 and 6- CM989, copies whereof have been placed on record, the defendants non-applicants want to prove that draft of E C I Chalet Day School constitution was sent to the President of EC I /plaintiff-applicant society and its Managing Committee had approved the action taken by Rev. Chaman Lal Singh and others in forming a new society under the name and style on Evangelical Church of India Chalet Day School Educational Society But in letter dated 6-10-1989, it is made clear that certain amendments were required in the Memorandum and Rules and Regulations of the said society which had been prepared very haphazardly to fulfil certain requirements of the State of Himachal Pradesh and till such time the then existing Board of Management (Managing Committee) set up by the Board of Governors of E CI would function with certain changes and guidelines as mentioned therein. No document has been put on record to show whether amendments as suggested by the President of EC I /plaintiff-applicant society were carried out but the minutes of the meetings of the said society are placed on record to show that the society was running the school 17. In its rejoinder filed on the affidavit of its President, the plaintiff- applicant Society has countered the allegations made in the reply affidavit of the defendant-non-applicants It has been denied that a loan of Rs. In its rejoinder filed on the affidavit of its President, the plaintiff- applicant Society has countered the allegations made in the reply affidavit of the defendant-non-applicants It has been denied that a loan of Rs. 2,26,154 60 was given by the O M S (International) to the local Church at Shimla The O M S (International) is the parent body of E. C.I. though it was registered on the same day when the plaintiff- applicant Society was registered on 13-12-1985. Both the organizations deal with each other at the level of Board of Governors, The funds which are provided by the O M. S (International) are provided to the plaintiff- applicant Society only as is evident from the minutes of the executive meeting of E C.I dated 22-7-1977, a copy whereof has been placed on record by the defendants-non-applicants and the affidavit dated 12-12-1988 of Graham Houghton From the copy of letter dated nil written by the Treasurer of O. M. S. (International) to the Secretary, E. C I., Madras, the outstanding loan amount of Rs. 1,76,454.60 which was given for purchase of the building has been transferred as liability to E. C, I. It has been alleged by the plaintiff-applicant Society that some amount of loan was repaid to O. M S (International) by Rev. Chaman Lal Singh on its behalf out of the compensation received by it in Civil Suit No. 6 of 1977. Anyhow, this controversy that who paid the sale consideration of Chalet building and what is its effect on the claim of the plaintiff-applicant Society will be decided at the time of final decision. At this stage, on the basis of the sale-deed, whereby the Chalet building is own ed by the plaintiff-applicant Society, which fact has been admitted by the defendants-non-applicants, the title of Chalet building is prima facie proved in its favour. Moreover, in the decree passed in Civil Suit No. 6 of 1977, the title of Chalet building as well as the entitlement to run the School therein was confirmed. 18. Except the bald averments of the defendants-non-applicants, there is nothing on the record to show that in pursuance to the decree in Civil Suit No. 6 of 1977, the possession of School was not. 18. Except the bald averments of the defendants-non-applicants, there is nothing on the record to show that in pursuance to the decree in Civil Suit No. 6 of 1977, the possession of School was not. in fact, handed over to the plaintiff applicant Society, but to a local Committee with the intention that the same would be registered as Society and also that the said local Committee/Association/Iocal congregation continued running the School till it was registered as E. C. I. Chalet Day School Educational Society and started running the School. On the other hand, the letters dated 10-12-1986 and 6-10-1989 which have been relied upon by the defendants-non applicants, confirm the allegations made by the plaintiff-applicant Society that on the representation of Rev. Chanaan Lal Singh that the establishment of the said Society for management of the School might get it some benefits under tbe local laws, the plaintiff-applicant Society did suggest some amendments in the Memorandum of Association and Rules and Regulations of the proposed Society but when its suggestion was not carried out and instead the defendants-non-applicants claimed that the School was being run and managed by the said Society, the plaintiff-applicant Society came into action as alleged in the plaint. From the copies of Resolutions from 1977 till date, the correspondence exchanged between the plaintiff-applicant Society and Rev. Chaman Lal Singh and other documents on record, it is prima facie proved that possession, administration and management of E C I. Chalet Day School being run in Chalet building has been of the plaintiff-applicant Society It may be through Rev. Chaman Lal Singh, in the past, and through the Board of Management. Therefore, it is held that the plaintiff-applicant Society Is entitled to run the E C I. Chalet Day School through its Board of Management and Principal Mrs. D. F. Das. 19. So far the controversy that local Church is an independent body though governed by E. C. I. Manual which is separate from the Constitution of E. C I. and its effect on the present dispute is concerned, it is not relevant for deciding the present application and will be decided at the time of final adjudication. 20. 19. So far the controversy that local Church is an independent body though governed by E. C. I. Manual which is separate from the Constitution of E. C I. and its effect on the present dispute is concerned, it is not relevant for deciding the present application and will be decided at the time of final adjudication. 20. It is correct that in the plaint, the plaintiff-applicant Society has not given the details of litigation pending in respect of the School being run in Chalet building except a statement in paragraph 17 that "defendants No 2 to 8 have tried to enroll several unauthorised members in the Managing Committee which they have no right to do and which has led to a number of litigations which are pending in different Courts" In order to come to the conclusion whether by not giving the details of said pending litigations, the plaintiff-applicant Society has dis-entitled itself from interim order, it is necessary to examine whether the said litigations are between the same parties and pertain to the same subject matter which is being tried in the present suit and the plaintiff-applicant Society has not supplied the information knowing y and intentionally to take some undue advantage. 21. The first suit mentioned by the defendants-non-applicants is Civil Suit No. 64 of 1990 which is pending in this Court and has been filed by defendants No. 2 and 9 against the E.C.I. All India Conference through its President, office bearers of E. C. I., Pastor V. P. Sharma and Rev. Chaman Lal Singh In this suit, some of the resolutions of E C. I. freezing the local Bank accounts, dissolving Shimla District Administrative Committee and termination of the services of Rev Chaman Lal Singh have been challenged and permanent prohibitory injunction has been sought for restraining the E. C. I, and its office bearers from interfering with the ecclesiastical and administrative work of local Church of Shimla and with the District Conference of Shimla. Admittedly, the subject-matter of this suit is different than the present one. 22. Another suit mentioned by the defendants-non-applicants in Para 3 (xiii) of its reply was filed by the Principal of Chalet Day School, Mrs. Das against Rev. Admittedly, the subject-matter of this suit is different than the present one. 22. Another suit mentioned by the defendants-non-applicants in Para 3 (xiii) of its reply was filed by the Principal of Chalet Day School, Mrs. Das against Rev. Chaman Lal Singh, M/s. Hira Lal Ryot and Edgar Navitt in the Court of Senior Sub-Judge Shimla for permanent prohibitory injunction restraining them from convening the meeting of general house of Evangelical Church of India Chalet Day School Educational Society on 1-4-1990 and also from interfering with the affairs of EC I Chalet Day School. In this suit, ex parte stay was granted. Since the said suit was withdrawn in September, 1990f before the present suit was filed in this Court, the plaintiff-applicant Society might not have thought it necessary to mention it in the present suit. 23. The next suit referred to In Paragraph 3 (xiv) was filed by Pastor V. P. Sharma in the Court of Sub-Judge (2) Shimla, against Rev Chaman Lal Singh for permanent prohibitory injunction restraining him from interfering with his duties as Pastor incharge of E. C. I. shimla. An interim order was issued in favour of Sh V. P. Sharma against which Rev. Chaman Lal Singh filed an appeal which is pending. The plaintiff- applicant society has disputed that the interim order has been vacated. Anyhow, the subject matter of this suit is also not relevant to the controversy railed in the present suit. Another suit mentioned in Para 3 (xiv-A) is suit No. 262/1 of 1990 which is alleged to have been filed by the plaintiff applicant Society in the Court of Senior Sub-Judge, Shimla, for permanent prohibitory injunction. This suit has been withdrawn. It has also been alleged that it was neither against all the defendants nor it dealt with the entire controversy raised in the present suit. 24. Further another suit referred to in Para 3 (xv) of the reply, was filed by E Dean and others against Rev. Chaman Lal Singh and others in the Court of Sub-Judge (I), Shimla, for permanent prohibitory injunction restraining them from holding the meeting of General house of E. C. L Chalet Day School Educational Society on 2 9-1990. The interim stay granted by the trial Court was affirmed with little modification by the District Judge and reference to it has been made in the plaint of the present suit also. 25. The interim stay granted by the trial Court was affirmed with little modification by the District Judge and reference to it has been made in the plaint of the present suit also. 25. In Para 3 (xvi), the defendants-non-applicants have referred to one more suit filed by Mrs. D. F Das against T R. Azad and others for permanent prohibitory injunction from illegally and forcibly removing her from her office as the Principal of E. C I. Chalet Day School and also from interfering with the management, control and administration of the School. Since this suit stood withdrawn on 26-4-1991 before the ad-interim order was passed by this Court, there is no effect of not giving its details in the present suit. 26. Further, in Para 3 (xvii), the defendants-non-applicants have referred to a suit filed by the Managing Committee of E. C I. Chalet Day School Educational Society through its Chairman Sh T. R Azid against Sh. E Dean and other members of the former committee, restraining them from interfering in its affairs which forms only a small portion of the controversy raised in the present suit. Moreover, it was not against the plaintiff-applicant Society and any of its office bearers. 27. In Paragraph 3 (xviii), the defendants-non-applicants have stated that one suit filed by Pastor V. P. Sharma against Sh T. R. Azad and others restraining them inter alia, from interfering in the suit premises is pending in the Court of Sub-Judge (4)f Shimla. It is not clear from the averments made by the parties that what were the suit premises but admittedly it is not by or on behalf of the plaintiff-applicant Society. There is also a contempt petition pending in this Court filed by the Managing Committee of E. C. I Chalet Day School Educational Society against Sh Kashmir Chand, A. D M , Shimla and Pastor V, P. Sharma for violating the stay order dated 13-11-1990 passed by Sub-Judge (4)t Shimla The defendants-non-applicants have also referred to two Criminal counter complaints which also stand dismissed on 19-4-1991. Lastly, there is one Civil writ petition pending in this Court filed by the E. C. I. Chalet Day School Educational Society through its Chairman against the State of Himachal Pradesh, inter alia, for restraining the Police from interfering in the affairs of the School and its management 28. Lastly, there is one Civil writ petition pending in this Court filed by the E. C. I. Chalet Day School Educational Society through its Chairman against the State of Himachal Pradesh, inter alia, for restraining the Police from interfering in the affairs of the School and its management 28. From the above, it is clear that in most of the litigations referred to by the defendants non-applicants, the subject matter and the parties are not identical as in the present case The suits which were filed by the plaintiff-applicant Society itself or by others on its behalf bad not much relevance whatsoever with the subject matter of the present suit. More over, these suits stood withdrawn either before the filing of the present suit or before the ad-interim order was passed. Above all, there is general reference in the plaint that there was lot of litigation pending between the parties which shows that details of litigation have not been withheld knowingly and intentionally. 29. From the facts and circumstances brought on record, it is evident that the plaintiff-applicant Society has filed this suit in the interest of smooth running of the E C. I. Chalet Day School which imparts education to hundreds of its students. Therefore, in view of my above findings that prima facie case is made out in favour of the plaintiff-applicant Society, it is evident that the plaintiff-applicant Society will suffer loss and injury in terms of money and reputation and put to a lot of inconvenience if the defendants are not restrained from interfering with its peaceful possession and management of the E C..I. Chalet Day School through its management Board and Principal Mrs D. F. Dass during the pendency of the suit. So far the controversy that some of the teacher have either been terminated or not employed by the plaintiff-applicant Society wrongly and illegally is concerned, I need not go into it as neither it is the subject matter of the main suit nor any interim order has been sought by or on behalf of them. Moreover, it is the internal management of the plaintiff- applicant Society which has been held entitled to manage, administer and run the E. C.I. Chalet Day School. In view of the above discussion, this application is allowed. Moreover, it is the internal management of the plaintiff- applicant Society which has been held entitled to manage, administer and run the E. C.I. Chalet Day School. In view of the above discussion, this application is allowed. The interim order dated 19-4-1991 is confirmed and the defendants are restrained from interfering with the peaceful possession and management of E. C. I. Chalet Day School by the plaintiff-applicant Society through its Board of Management or us duly appointed Principal Mrs. D F. Dass 30. Before parting with, it is made clear that the observations made during the course of this order shall have no effect whatsoever on the merits of the suit. Appeal dismissed. -