JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of CPC, 1908 against the judgment and decree dated 08.03.2005 and made in A.S.No.6 of 2004 on the file of the District Judge of Nilgiris at Udhagamandalam confirming the judgment and decree dated 30.09.2003 and made in O.S.No.115 of 1998 on the file of the Subordinate judge of Udhagamandalam.)

1. Challenge in this second appeal is made to the judgment and decree dated 08.03.2005 passed in A.S.No.6 of 2004 on the file of the District Judge of Nilgiris at Udhagamandalam, confirming the judgment and decree dated 30.09.2003 passed in O.S.No.115 of 1998 on the file of the Subordinate Court, Udhagamandalam.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. The defendant in O.S.No.115 of 1998 is the appellant in the second appeal.

4. The second appeal has been admitted on the following substantial question of law.

“Whether the plaintiff-society is a juristic person and entitled to maintain the suit against the defendant in its name?”

5. Considering the scope of the issues involved between the parties qua the substantial question of law formulated in the second appeal, it is unneces