R.S.BACHAWAT, S.M.SIKRI
Khushro S. Gandhi – Appellant
Versus
N. A. Guzder – Respondent
Judgment
SIKRI, J.: This appeal by special leave is directed against the judgment of the Allahabad High Court Dhavan, J.) allowing the revision under S. 115, C. P. C., and dismissing the suit brought by the appellants - hereinafter referred to as the plaintiffs.
2. The relevant facts for the purpose of appreciating the points raised before us are as follows: The four plaintiffs, out of which three are appellants before us, the fourth having died, brought a suit for damages against the six defendants (one defendant had in the meantime died and four are respondents before us). The allegations in the plaint, in brief, were that the plaintiffs and the defendants were members of an association called Parsi Zoroastrian Anjuman; that the defendants, along with some other members of the association, formed a group and each of them conspired among themselves to injure and harass the plaintiffs and a few others in various ways, that at a meeting held on May 5, 1954, in connection with the election of Trustees, when defendant N. A. Guzder occupied the chair, he gave a ruling that the plaintiffs Kershasp S. Gandhi and B. T. J. Shapoorji, since deceased, were unfit candidates for the office of Tr
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