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2008 Supreme(SC) 718

Supreme Court Of India
ARIJIT PASAYAT,TARUN CHATTERJEE
RAM CHANDRA MISSION
Versus
P. RAJAGOPALACHARI
Decided On : 04/29/2008

Headnote:(A) Societies Registration Act, 1860 – Sections 3-A(4), 4(1) and 25 – President of Society – Ram Chandra Mission – Constitution provides for nomination of President, election cannot be conducted – Dispute as to succession of society – Suit pending for such direction issued to decide within a period of six months. [Paras 3, 4 and 5]

       (B) Res judicata – Applicability of – A judgment given in a suit which has been permitted to be withdrawn with liberty of filing a fresh suit on same cause of action cannot constitute res judicata in subsequent suit. [Para 5]

ARIJIT PASAYAT, J.

( 1 ) CHALLENGE in this appeal is to the judgment of a Division bench of the Allahabad High Court. By a common judgment several civil appeals were heard together and disposed of. A common link in all these appeals was the decision of a religious cum Philanthropic Society named Sh. Ram Chandra mission. It was established by a late Sh. Ram Chandra Ji maharajan and on his death disputes arose. The disputes essentially relate to spiritual heirship to control the affairs of the mission. Series of litigation was resulted and the four special leaves before the High Court were summed up and by the impugned order the High Court held that all the four appeals were to be dismissed. Before the Division Bench orders of learned Single Judge were challenged. The relief sought for were categorized under five heads. 1]. Grant of letters of administration in favour of sri U. C. Saxena in respect of the properties of sri Ram Chandra Mission through out India and abroad. 2]. Declaration and Sri Umesh Chandra Saxena was the President of the Mission and the second petitioner was the Secretary thereof. 3]. An interim grant during pendency of the application. 4]. In the alternative appointment of a receiver in respect of the entire estate of deceased Sr. Ram Chandra Mission, and 5]. Any other relief.

( 2 ) THE special leaves were filed by Umesh Chandra Saxena and others, Uma Shankar and Another, the present appellants and another. Special leave by the Umesh Chandra Saxena and anr. Sri. P. Rajagopalichari were the respondent while in the first special leave by Umesh Chandra Saxena and Anr. The administrative General, U. P. Allahabad and others were the parties.

( 3 ) BACKGROUND facts as highlighted by the appellant in this appeal are as follows: sh. Ram Chandra Mission-Society was registered, established and founded by Maharaj, Shri Ram Chandra Ji maharaj with its constitution, bye laws and Memorandum of society on 21. 7. 1995. Purportedly there was a covering letter to the intimation dated 23. 3. 1974 alleged to have been executed by the founder in favour of respondent P. Rajagopalachari. This intimation according to the appellant was the result of manipulation and fraud. The nomination was declared him to be the president of society and clearly stated that he shall work for the Mission and he is "president of Sahaj Marga System". On 16. 4. 1982 nomination was executed in favour of Shri Umesh Chandra Saxena as spiritual representative in the direct line of succession and he was nominated as the successor or President under Rules 3 and 4 of the registered constitution, bye laws of the society. The nomination/declaration clearly stated that the previous nomination if any made by the founder stand superseded and cancelled. Founder - Shri Ram Chandraji Maharaj breathed his last on 19. 4. 983. On 4. 1. 1984 a civil suit was filed by three members of the Society in the Court of Civil Judge, shahjanpur who granted ex-parte injunction restraining P. Rajgopalachari from acting as President. On 6. 2. 1984 and 7. 2. 1984 working Committee meeting was held at head quarters and after perusal of booklet Sh. U. C. Saxena was declared as a successor or President and also the spiritual representation in the direct line of succession on the basis of nomination of 16. 4. 1982. The claim of P. Rajgopalachari based on the alleged nomination dated 23. 3. 1994 was treated as rejected. On 8. 2. 1984 General Body was held at the head quarter of the Society and the claim of Sh. Umesh Chandra saxena was approved and he was declared as spiritual representative in the direct line of succession and also as the successor or President of the society. Claim of P. Rajgopalachari based on the alleged nomination was rejected. On 15. 2. 1982 a circular was issued by Secretary Sh. S. A. Sarnad informing all members regarding the declaration of Sh. Umesh Chandra Saxena as Successor President and the spiritual representative in the direct line of succession. An amendment







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