D.N.SINHA, R.S.BACHAWAT, P.N.MUKHERJEE
R. RAY – Appellant
Versus
V. G. DALVI – Respondent
( 1 ) THIS Reference arises out of a dispute between an un-incorporated association, named the All India Postal Employees' Union, having its head quarters at Delhi and its West Bengal Circle Branch. The plaintiff appellant claims to be a member as also a Secretary of the West Bengal Circle Branch. The defendant No. 1 is the General Secretary and the defendant No. 2 is the Deputy General Secretary of the All India Postal Employees' Union head quarters. These defendants do not reside, carry on business or personally work for gain in the city of Calcutta. The plaintiff instituted a representative suit in the City Civil Court for a declaration that a certain order of suspension of the West Bengal Circle Branch passed by the defendant No. 1 on the 24th June, 1958, is illegal, void and liable to set aside and consequential injunction restraining the defendants from giving effect to the order. The plaintiff contended that part of the cause of action for the suit arose on the service of the suspension order on the plaintiff in the city of Calcutta. The defendants disputed this contention. They also urged that assuming that a part of the alleged City Civil Court had no j
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