JUDGMENT :- The original - defendant has filed this writ petition challenging order dated 9.6.2005 passed by the 4th Joint Civil Judge, Senior Division, Nagpur, below Exh.12 and Exh.14 in Special Civil Suit No.223 of 2003. Said suit has been instituted by present respondent, an unregistered body i.e. proposed Co-operative Housing Society through its Chief Promotor for specific performance of contract against present petitioner. The present petitioner filed application in that suit for its dismissal on the ground that respondent/ plaintiff is not legal entity at all. Thereafter, the respondent filed application under Order 1, Rule 8 of Civil Procedure Code, seeking permission to sue on behalf of unincorporated body and its members. The said application was opposed by the petitioner. By common order mentioned above, the Court below has allowed application under Order 1, Rule 8 of C.P.C. and has rejected the prayer of the petitioner to dismiss the suit.

2. Considering the nature of controversy, at the request of parties', matter has been heard finally at the stage of admission itself and Rule is made returnable forthwith. I have heard Shri. Dhoble, learned counsel for the petitioner an

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