1. The plaintiff in a suit for damages is the revision petitioner.

2. The first respondent (the first defendant) admittedly is a Society registered under S.5 of The Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, Act 12 of 1955, for short The Societies Registration Act. Respondents 2 and 3 respectively are the President and Secretary of the Society. They have been impleaded in the suit (as defendants 2 and 3) as persons competent to represent the Society.

3. The petitioner filed I. A. 423/88 under 0.1 R.8 read with S.151 CPC. seeking permission to give notice of the institution of the suit to the members of the managing committee by public advertisement as personal service on them, it is said, was not reasonably practicable. This application has been dismissed by the order under challenge.

4. The short question arising for consideration is, Is it necessary at all to have notice of institution of the suit given, either to the members of the managing committee or to the members of the Society registered under The Societies Registration Act, the first defendant also leave alone notice by public advertisement within the meaning of 0.1 R.8 C. P. C. so as to say that the suit is properly instituted.

5. The answer to the question depends upon the construction of some of the relevant provisions of The Societies Registration Act as also the provisions contained in 0.1 R.8 CPC. A reference in this connection to S.3, 4, 5, 8, 9 and 10 of The Societies Registration Act is relevant. S.3 provides that any seven or more persons associated for any literary, scientific or charitable purpose, or for any such purpose as is described in S.32 can by subscribing their names to a memorandum of association and filing the same with the Registrar, form themselves into a society. The memorandum of association shall contain the details regarding the name of the society, the names, addresses and occupations of the governors, council, directors, committee or other governing body to whom, by the rules of the society, the management of its affairs is entrusted. A copy of the rules and regulations mentioned above and certified to be a correct copy by not less than 3 members of the governing body, shall be filed with the memorandum of association. (See S.4). Upon such memorandum and certified copy of the rules and regulations being filed, the registrar shall certify that the society is registered under The Act. So says S.5. The property, movable and immovable, belonging to the society, if not vested in trustees, shall be deemed to be vested, for the time being, in the governing body of the society, and in all proceedings, civil and criminal, may be described as the property of the governing body of such society by their proper title. (See S.8) S.9 provides that every society may sue or be used in the name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and regulations of the society, and in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion; provided however, it shall be competent for any person having a claim or demand against the society, to sue the president or chairman, or principal secretary or the trustees thereof, if, on application to the governing body, some other officer or person be not nominated to be the defendant. It is provided for under S.10 that a suit or proceedings by or against a society will not abate or discontinue by reason of the person by or against whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character in the name whereof be shall have sued, or been sued but the same suit or proceeding shall be continued in the name of or against the successors of such person.

6. The cumulative effect of these provisions is that when once a society is registered with the Registrar, such a registered society enjoys the status of a legal