CRP 135/2008 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY This revision petition under Section 115 of the C.P.C. is direct ed against the order dated 08-05-2008 passed by the learned Civil Judge (Sr. Div ision), Nalbari in Misc. Appeal No.2/2008 filed by the present respondent/who is the plaintiff in Title Suit No.49/2007. The respondent/plaintiff filed the aforesaid suit in the Court o f the learned Civil Judge (Jr. Division) No.1, at Nalbari (now Munsiff) against the present appellants as defendants praying for passing a decree declaring:- a) That the formation of any Governing Body of the College by the defendants is against the norms and procedures for the time being in force. b) That the defendants have no right to carry out any administrative function of the college under the colour of illegally formed Governing body. c) That the defendant No.1 has no authority to issue any notice to the plaintiff and hence the notice dated 29-10-07 issued by defendant No.1 to the plaintiff i s illegal and not binding upon the plaintiff. d) That the defendants may be restrained from obstructing the plaintiff in carry ing out his duties in the college as president of the H.C. by issue of injunctio n and same be made absolute. e) That costs of the suit be decreed of any other relief to which the plaintiff of entitle may also be deemed. The respondent also filed an application under Order 39 Rules 1 and 2 C.P.C., which has been registered as Misc. (J) Case No.30/ 2007 praying fo r an order of temporary injunction restraining the present appellants from inter fering with the petitioner in carrying out of his functions as President of the Managing Committee of the College in question. The appellants herein, on receip t of the summons entered appearance and filed the written statement as well as t he objection against the prayer for injunctions. The learned Munsiff, upon hearing the learned counsel for the pa rties and on perusal of the materials available on record, vide order dated 04-0 1-2008 refused to pass any order for temporary injunction. Being aggrieved, the respondent herein preferred the aforesaid appeal, which has been allowed by the learned Civil Judge, Nalbari vide aforesaid order dated 08-05-2008. I have heard Mr. Deka, the learned counsel for the petitioners a s well as Mr. Choudhury, the learned counsel appearing on behalf of the responde nt. On the basis of the oral prayer made by Mr. Deka, the learned co unsel for the petitioners, the present petition is converted to a petition under Article 227 of the Constitution of India. It appears from the order dated 08-05-2008 passed by the learned Civil Judge, Nalbari in Misc. Appeal No.2/2008 that the order refusing the inju nction passed by the learned Munsiff No.1 has been set aside without discussing all the materials available on record though admittedly at least 20 documents we re filed by the parties and were on record, which includes the by-laws of the ea rlier Society, namely Assam Valley Academy Junior College, registered under the provisions of the Societies Registration Act as well as the various resolutions adopted in various Executive Committees’ meeting including the proceeding of the Executive Committee meeting, which stated to have been held on 26-10-2007, wher eby and whereunder the plaintiff/ respondent was stated to be removed from the P resident-ship of the Managing Committee. Those documents have a bearing on the d ecision in the matter of injunction as the plaintiff/respondent in the injunctio n petition filed in Misc. Case No.30/ 2007 has prayed for an injunction restrain ing the appellants/ defendants from interfering him in carrying out the function s of the President of the Managing Committee of the College. Mr. Deka, during the course of argument has also produced a copy of the charge-sheet No.44/2008 dated 30-01-2008, whereby and whereunder the pla intiff/ respondent has been charge sheeted under Section 406/420/506 IPC. The learned Civil Judge, Nalbari without taking into considerati on the aforesaid documents as well as the documents filed before it and without discussing the same has granted the order of injunction by setting aside the ord er passed by the learned Munsiff refusing the prayer for injunction made under O rder 39 Rules 1 and 2 C.P.C., though the Appellate Court is duty bound to discus s all the materials available on record while passing an order. In view of the above, I set aside the impugned order dated 08-04 -2008 passed by the learned Civil Judge, Nalbari and remit the matter to the lea rned Civil Judge for giving a fresh decision in the appeal preferred by the pres ent respondent/plaintiff after consideration of all the materials available on r ecord and keeping in view the injunction sought for by the respondent/plaintiff. The learned Court below shall also keep in mind the principles for granting the injunction. The present petition is, therefore, allowed to the extent indica ted above. However, since the matter in issue is relating to the President-ship of a College where the students have been admitted, I direct the parties to mai ntain the status-quo as on today as regards the President-ship of the Managing C ommittee of the College in question till the appeal is disposed of by the learne d Civil Judge, Nalbari. The parties are directed to appear before the learned Ci vil Judge, Nalbari on 3rd June, 2008. The learned Civil Judge thereafter by 11t h June, 2008 shall hear and dispose of the appeal in accordance with law.