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1989 Supreme(SC) 595

L.M.SHARMA, V.RAMASWAMI
Dadu Dayal Mahasabha – Appellant
Versus
Sukhdev Arya – Respondent


Advocates:
J.P.GOYAL, K.K.GUPTA, L.K.PANDEY, R.K.GUPTA, Rajesh Agarwal, V.M.TARKUNDE

Judgment

SHARMA

( 1 ) THIS appeal by special leave is directed against the judgment of Rajasthan High court dismissing a civil revision application filed by the appellant in the following circumstances.

( 2 ) THE appellant, a registered Society, filed the suit out of which this appeal arises in the court of the District Judge, Jaipur City in respect of an immovable property through its the then secretary which was numbered as Suit No. 11 of 1973. The counsel engaged by the appellant were Sri Satya Narain Sharma and Sri Shyam Bihari Agarwal. The suit was later transferred to the court of Additional District Judge No. 1, Jaipur City where it was renumbered as Suit No. 116 of 1974. After the institution of the suit, an election of the office bearers of the Society was held on 1/06/1973 and according to the appellants case one Sri Laxmandas Swami was elected as the secretary. On 4/09/1974 a prayer for withdrawing the suit was made by one Hari Narain Swami through another lawyer claiming to have been elected as the secretary of the Society. In support of his claim of having been elected as the secretary of the Society Hari Narain Swami produced certain documents on the basis of which the






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