ORDER :

1. This Civil Revision Petition has been filed to set aside the docket order, dated 22.10.2019 in I.A.No. 10990 of 2018 in O.S.No. 5474 of 2017 on the file of XII Assistant City Civil Court, Chennai.

2. The revision petitioner herein is the plaintiff and the respondents herein are the defendants in the original suit.

3. The learned counsel appearing for the first defendant/Society submitted that they are ready to amend the bye-laws during the General Body Meeting and also ready to register the same as per Section 27 of the Tamil Nadu Societies Registration Act. According to him, the first defendant was directed to place the newly amended byelaws, before the General Body Meeting by giving due notice as contemplated under Rule 25 of the Tamil Nadu Societies Registration Rules, which was already done and thereafter, proceed to register the same in the manner known to law. Therefore, two months time was granted for the same from the date of receipt of a copy of the order. On receipt of the notice with regard to General Body Meeting, the petitioner/plaintiff was directed to withdraw the suit which is pending on the file of XII Assistant City Civil Court, Chennai, and that based upon the newly amended bye-laws, new Election will be conducted.

4. None appeared on behalf of the respondents 2 and 3/defendants 2 and 3.

5. Heard the learned counsel for the petitioner and the learned counsel for the first respondent and perused the materials available on record.

6. On a perusal of the records, it is seen that the petitioner/plaintiff has filed the suit in O.S.No. 5474 of 2017 before the XII Assistant City Civil Court, Chennai, for declaring that the Election Notification dated 07.10.2017 issued by the defendants 2 and 3 as null and void and non-est in the eye of law and not binding on the members of the 1st defendant/Society, and consequential mandatory injunction restraining the defendants 2 and 3 from in any way giving effect to the Election Notification dated 07.10.2017 and restraining the 1st defendant/Society in any way conducting the Election on 29.10.2017 at 5.00 p.m. at Hotel Shan Royal, No. 85, Poonamallee High Road, Koyambedu, Chennai-600107, contrary to the bye-laws of the 1st defendant/Society. After perusing the records, the trial Court, dismissed the said application by order dated 22.10.2019. Challenging the same, the present revision is filed.

7. The defendants have filed detailed written statement denying the plaint averments and contended that as per the existing un-amended bye-laws there is no concept called Life Members and therefore, calling only Life Members for Election is per-se illegal and non-est in law. Incidentally, in the counter affidavit filed by the respondents in I.A.No. 2274 of 2018 at Para No. 23, they have admitted the fact that amendment to the bye-laws, including the issue of Life Members, have been filed before the Registrar of Societies only on 23.10.2017. Further, it is submitted that the Election is conducted as per the Notification and as per amended bye-laws of the Association. The contention of the plaintiff in the suit so far issues have not been framed. At this juncture, the petitioner/plaintiff filed I.A.No. 10990 of 2018 under Order XII Rule 6 of CPC., seeking to pass judgment and decree allowing the reliefs as sought for in O.S.No. 5474 of 2017, based upon the admission of the 1st defendant/Society. The defendants admit that the bye-laws were amended, but the same is not yet registered before the Registrar of the Societies. Therefore, the petitioner/plaintiff prayed to pass judgment and decree based upon the admission of the first defendant. The said application was resisted by the first defendant by filing counter statement stating that whether the Election Notification is nullity or not, has to be decided by the trial Court and furthermore, they have not made any admission as claimed by the plaintiff following such application under Order XII Rule 6 of CPC., which is an abuse of process