Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXIX Rr. 1 & 2---Specific Relief Act (I of 1877) Ss.42 & 54---Contractual employment---"Master" and "Servant", relationship of---Suit for declaration, permanent injunction and damages by employee/plaintiff seeking inter alia, declaration that transfer order issued by the employer/defendant was illegal---Plaintiff/applicant sought interim injunction against operation of transfer letter issued by its employer---Held, that relationship of plaintiff with defendant was one of "master" and "servant" and such relationship continued under the contract/agreement which either sides entered into, acknowledging the legality thereof coupled with prescribed rules, if any, so referred to in such contract---Such employee worked at his choice and the desire of the employer was the right of the authority/"master" and to follow the same was the obligation of the "servant"/employee and without the same, the relationship of master and servant would collapse; and such relationship was necessary to run the affairs of an institution which was established by the "master" to be run by "servants"---In case of any mala fide causing prejudice resulting in some damages to the "servant"; such person would have a right to claim damages but in no way such person could seek an interim order from the court which otherwise amounted to creating a situation for the employer to let the "servant" control and command over the financial affairs against the wish of the employer---Application of plaintiff, if allowed to succeed would result in giving a cause/right to every single "servant" to approach the court to seek suspension of transfer orders and continuity of working against the wishes of his employer / master; which could not be stamped as the same, in all senses, could amount to an undue advantage---Plaintiff had not been able to show as to how the transfer order was illegal when admittedly he had complied with earlier such orders, hence "prima facie case" and "balance of convenience" were not available to the plaintiff---Application under O.XXXIX, Rr.1 & 2, C.P.C. was dismissed, in circumstances. United Bank Limited and others v. Ahsan…

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