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1960 Supreme(Pat) 127

KANHAIYA SINGH, V.RAMASWAMI
East Indian Coal Co. Ltd. – Appellant
Versus
East Indian Coal Co. Ltd. , Workers Union – Respondent


Judgment

1. In this case the petitioner has obtained a rule from the High Court calling upon the opposite party to show cause why the order of the Munsif, 1st Court, Dhanbad, dated 11-2-1958, permitting the opposite party to institute a suit in forma pauperis should not be set aside by the High Court in its revisional jurisdiction.

2. It is the admitted case that the opposite party, namely East India Coal Company Limited Workers Union is a trade union registered under the Indian Trade Unions Act. Sec.13 of the Indian Trade Unions Act (Act XVI of 1926) provides for the incorporation of registered trade unions and is in the following terms:

"13. Incorporation of registered Trade Unions. Every registered Trade Union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both moveable and immovable property and to contract, and shall by the said name sue and be sued". It is not disputed in this case that the plaintiff opposite party is a registered trade union and that it is a body corporate within the meaning of Sec.13 of the Indian Trade Unions Act. The submission of learned Counsel for t







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