The suit filed by the plaintiff can be maintained without obtaining leave under Order 1, Rule 8, C.P.C. and section 36 of the Act will not oust the jurisdiction of the Court.

1. This civil revision petition has been filed by the petitioner/lst defendant as revision petitioner against the order and decretal order dated 12.2.2001 and made in I.A.No.87 of 2001 in O.S.No.37 of 2001 on the file of the Principal District Munsif, Madurai Town.

2. The facts that are necessary for disposal of this Civil revision petition are as follows:- The revision petitioner is a registered society under the Tamil Nadu Societies Registration Act, 1975, herein after referred to as the Act. The Secretary and Executive Committee Members of the said Society will be elected for a period of one year by the General Body of the revision petitioner society. There are 1496 members in the revision petitioner society and in the election held on 30.7.2000 one I. Ismail was elected as Secretary of the said society. The respondents 2 to 6 and Thiruvalargal P. Sudalai, Gnanavel and Diraviyam were elected as members of the Executive Committee of the said society. The sub-rule in the bye law of the said society which prohibits admission of members outside the city of Madurai, was cancelled in the General Body Meeting held on 31.3.1996. The 1st respondent who is the counsel for one R. Thangammal, her husband Rajangam and advocates A.K. Ramasamy and Sethurathinam requested the revision petitioner to renew the licence to the above said R. Thangammal to run a cinema theatre in Madurai and the request was not accepted by the revision petitioner society. By making use of the 1st respondent herein a suit was filed seeking reliefs of declaration, permanent injunction, etc., against the revision petitioner society and its Secretary and Executive Committee Members in O.S.No.37 of 2001 on the file of the Principal District Munsif, Madurai Town. Since 1400 members were interested in the better maintenance and welfare of the revision petitioner society, the 1st respondent herein as plaintiff ought to have obtained leave of the trial Court under Order 1, Rule 8, C.P.C. and served notice on such members, but no leave was obtained as contemplated under Order 1, Rule 8, C.P.C. The Registrar or Societies is the competent authority to enquire into the constitution, working and financial condition of a registered society. The Court has no jurisdiction to entertain the suit for the reliefs sought for in the suit filed by the 1st respondent herein. The petition filed by the members of the revision petitioner society has been adjourned to 7.3.2001 and was not considered by the Principal District Munsif, Madurai Town. It is on these grounds, the revision petitioner society has sought for dismissal of the suit filed by the 1st respondent as plaintiff in O.S.No.37 of 2001 on the file of the Principal District Munsif, Madurai Town.

3. The 1st respondent who is the plaintiff in the suit referred to above resists the claim made by the revision petitioner society on the following grounds:-This respondent is a life member of the revision petitioner society. The forms relating to newly admitted members in the revision petitioner society were not sent to the Registrar of Societies concerned after resolving to admit the new members as contemplated under the Act and Rules and such forms after verification and enquiry were not filed to treat the alleged newly admitted members to vote in the election to be held for election of Secretary and Executive Committee Members of the revision petitioner society. The sub-rule of the bye law of the revision petitioner society was not cancelled or amended on 31.3.1996 as alleged by the revision petitioner society, as seen from the records of the concerned Registrar of Societies in Madurai Town.

3. The 1st respondent who is the plaintiff in the suit referred to above resists the claim made by the revision petitioner society on the following grounds:-This respondent is a life member of the revision petitioner society. The forms relating to newly admitted members in the revision petitioner society were not sent to the Registrar