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2011 Supreme(Del) 608

V.K.JAIN
St. Stephen's College – Appellant
Versus
St. Stephen's College Alumni Association – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Suhail Dutt, Sr. Adv., K. Sultan Singh, V. Hari Pillai, Manish Kumar Saryal and Susha Unni, Advs.
For Respondents/Defendant: Upamanyu Hazarika, Sr. Adv., Sachin Datta, Dharitry Phookon, Gayatri Verma, Paul Roy Panski, Advs. for D-1, Pinki Mishra, Sr. Adv. and Sachin Datta, Adv. for D-6 and 7

JUDGMENT

V.K. Jain, J.

IA 15304/2011(Order 39 Rule 1 & 2 Code of Civil Procedure)

1. The Plaintiff college is a society registered under Societies Registration Act and is a constituent college of University of Delhi. The Plaintiff is a leading educational institution, offering degrees to both undergraduate as well as postgraduate students. The Plaintiff college came to be founded on 1st February, 1881. The Plaintiff has sponsored a number of societies/clubs, including St. Stephens College Alumni Association, which has been in existence for last 50 years and is an integral part of the Plaintiff society. It is alleged that St. Stephen's College Alumni Association on account of their continuous extensive and uninterrupted use have come to be associated with Plaintiff and is alumni association. Defendant No. 1 has been formed recently and registered under Societies Registration Act. While obtaining registration, Defendant No. 3 filed an affidavit stating therein that there is no society with an identical or resembling name. This affidavit was false to the knowledge of Defendant No. 3. Defendant No. 1-society had been founded without any permission from the Plaintiff and it is alleged that





















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