Judgement

NATARAJAN, J. :- The question falling for consideration in this appeal by special leave is whether the High Court has erred in law in quashing the order of eviction passed against the respondent by the Judge, Small Cause Court as confirmed by the Additional District Judge and remitting the suit to the trial Court for fresh consideration in the event of the trial Court allowing an application by the appellant under O. 1, R. 10, Civil P. C. for correcting the name of the plaintiff in the plaint.

2. The background of events to this Appeal may briefly be stated. The appellant Bal Niketan Nursery School is a recognised institution under the U. P. Basic Education Act, 1972, and is run and managed by a Society, "Smt. Chandramukhi Ram Saran Shiksha Samiti", registered under the Societies Registration Act. Dr. Om Prakash is the Manager of the appellant school and also the Secretary of the registered Society mentioned above. On 10-3-1977 the Society purchased a plot of land adjoining the school together with four superstructures (Khaprails) standing thereon in the name of the appellant school through its Manager Om Prakash Gupta. The superstructures were in the occupation of four t