JUDGMENT :

R.D. Dhanuka, J.

By this Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 (for short "the CPC"), the applicants (original defendants No.1 to 10) have impugned the Judgment and order dated 14th December, 2014, passed by the learned Third Civil Judge, Senior Division, Pune below application Exhibit 21 in Special Civil Suit No. 826/2014, which was filed under Order VII, Rule 11(d) of the CPC by the applicants herein for rejection of the plaint.

2. By consent of the parties, the matter was heard finally at the admission stage. Some of the relevant facts for the purpose of deciding this application are as under :

3. Applicant No.3 is a trust, registered under the provisions of the Maharashtra Trust Act, 1950 (for short "the said Act"). Respondents No.1 and 2 are the trustees of the Respondent No.3 Trust. On 30th October, 2013, the Applicant No.3 issued a show cause notice to the respondents No.1 and 2, calling upon them to explain their acts and actions which in the opinion of the board of trustees of the Applicant No.3 amounted to misconduct.

4. Respondents No.1 and 2 filed proceedings before the Charity Commissioner, as also a suit before the Civil Court against the said action of the Applicant No.3 Trust in the month of November, 2013. The learned Trial Judge granted injunction in favour of the Respondents. In the month of November, 2013, an appeal filed by the Applicant before the District Court came to be allowed.

5. On 2.12.2013, the Applicant No.3 Trust passed a resolution bearing No.57/2013 removing respondents No.1 and 2. Respondents No.1 and 2 filed a Writ Petition No.520/2014 in this Court. On 22.1.2014, the Applicants withdrew the said Resolution No.57/2013. The Respondents accordingly withdrew the Civil Suit filed before the Civil Court, as also the proceedings before the Charity Commissioner. This Court granted liberty to the proceed with fresh inquiry on the charges earlier framed and/or on the additional charges.

6. On 28th January, 2014, respondents No.1 and 2 filed Regular Civil Suit No.194/2014 challenging the action of the Applicants. On 12.2.2014, the Applicants issued a show cause notice levelling additional charges, in addition to the earlier charges, levelled in the show cause notice issued.

7. On 20.2.2014, respondents No.1 and 2 filed a Petition before the Division Bench of this Court challenging the constitution of the Trust and the authority of the Board of Trustees to initiate action for removal of the respondents No.1 and 2 as per the Constitution of the Trust. This Court refused to grant any interim relief in favour of respondents No.1 and 2 on 20/2/2014.

8. It is the case of the Applicants that on 21.3.2014, the Applicant Trust gave a notice of personal hearing to the respondents no.1 and 2 and scheduled a meeting on 28th March, 2014. On 25th March, 2015, respondents No.1 and 2 sought time to appear before the said Committee and simultaneously, on the same day, withdrew the Writ Petition No.1930/2014.

9. Respondents No.1 and 2, however, did not appear before the said Committee on 28th March, 2014. On 5th April, 2014, the Applicants by a notice informed the respondents that though they had remained absent, one more chance be given to them for personal hearing and hence the matter was kept on 18th April, 2014.

10. On 17th April, 2014, the respondents again sought time to appear before the Committee. The said letter was received by the Applicants just 40 minutes before start of the proceedings by the Committee. On 18th April, 2014, the respondents once again did not appear before the Committee. On 2 May 2014, the learned Trial Judge heard the application below Exhibit 5 filed by respondents No.1 and 2 and framed an issue of preliminary jurisdiction.

11. On 3 May 2014, the respondents filed an application purporting to be an application under Section 9(A)(2) of the Code of Civil Procedure, 1908 for interim relief. The learned Trial Judge rejected the said application