Back
2002 Supreme(All) 1702
IN THE HIGH COURT OF ALLAHABAD
R. K. AGRAWAL
UMESH CHANDRA SAXENA - Appellant
Versus
FIRST ADDITIONAL CIVILJUDGE (SENIOR DIVISION), ALLAHABAD - Respondents
C. M. W. P. 53330 Of 2000
Decided On : 11/19/2002
Ajit Kumar, Manu Saxena, RAVI KANT CHADHA, Vipin Saxena, Yasharth
The main legal point established in the judgment is that the provisions of the Societies Registration Act would not be a bar for maintaining a suit, and the court's finding that the suit was not an abuse of the process of the court.
Headnote:
SOCIETIES REGISTRATION ACT - DISCLOSURE OF CAUSE OF ACTION - 1860 - 3-A(4), 4(1), 4(2), 15, 25 - The court found that the plaint disclosed a cause of action and that the provisions of the Societies Registration Act would not be a bar for maintaining the suit. The court also held that the suit was not an abuse of the process of the court and dismissed the writ petition.
Fact of the Case:
The petitioner claimed to be the duly elected president of a Society known as Shri Ram chandra Mission, registered under the Societies Registration Act 1860. The respondents filed a suit seeking a permanent injunction restraining the petitioner from claiming himself as the President of the Mission and from interfering with the Mission's affairs.
Finding of the Court:
The court found that the suit was not an abuse of the process of the court and that the plaint disclosed a cause of action. The court also held that the provisions of the Societies Registration Act would not be a bar for maintaining the suit.
Issues: The issues included the disclosure of cause of action, the bar under the Societies Registration Act, and the abuse of the process of the court.
Ratio Decidendi: The court held that the plaint disclosed a cause of action and that the provisions of the Societies Registration Act would not be a bar for maintaining the suit. The court also found that the suit was not an abuse of the process of the court.
Final Decision: The court dismissed the writ petition, stating that it found no merit in the petition and that the parties would bear their own costs.
( 1 ) THE petitioner Shri Umesh chandra Saxena, has filed the present writ petition under Art. 226 of the Constitution of India, seeking the following reliefs :" (A) issue a writ, order or direction in the nature of certiorari quashing the plaint and the entire proceedings of O. S. No. 360 of 2000 Smt. Mohini Bajpai and others v. U. C. Saxena pending before the respondent no. 1. (b) issue a writ, order or direction in the nature of certiorari quashing the entire impugned orders dated 27-11 -2000 passed by the respondent No. 1. (c) issue any other suitable writ, order or direction which this Honble Court may deem fit and proper under the circumstances of the case. (d) award cost of the writ petition. "
( 2 ) THE order dated 27-11-2000 which is impugned in the present petition, has been passed by the First Additional Civil Judge, senior Division, Allahabad, respondent No. 1 whereby he had decided the application 14-Ga filed by the petitioner under the provisions of Order 7, Rule 11 of the Code of civil Procedure and also the application No. 6-Ga and objection 13-Ga, by which the respondents nos. 2 to 6 have prayed for grant of interim mandatory injunction.
( 3 ) HOWEVER, at the time of hearing of the petition with the permission of the Court, the relief No. (b) was amended by replacing the following relief:" (B) issue a writ, order or direction in the nature of certiorari quashing the order dated 27-11-2000 passed on the application under order 7, Rule 11 of C. P. C. and the order dated 27-11-2000 passed on the application of the plaintiff respondents for granting time for publication. "
( 4 ) BRIEFLY stated the facts giving rise to the present writ petition are that the petitioner claims himself to be the duly elected president of a Society known as Shri Ram chandra Mission, (hereinafter referred to as the Mission) which is regisitered under the provisions of the Societies Registration Act 1860. The registered office of the said Society is at Deevan Jograj, Shahjahanpur in the State of U. P. The Society has its own constitution, Rules, Regulations and Memorandum of Association which are duly certified by the Registrar, Societies. The objects of the Society are as under : (A) to encourage the down hearted and promote amongst them the easier methods, practicable to them for the attainment of social and moral aims of life, based on the principles of spirituality, translated as Sahaj marg. (b) to promote the feelings of mutual love and universal brotherhood, irrespective of colour, caste or creed. (c) The Mission shall work with aims and objects, solely based on spirituality and will have nothing to do with politics or any other activity, subversion of law and order. "
( 5 ) THE respondents Nos. 2 to 6 filed original suit No. 360 of 2000 in the Court of Civil judge, Senior Division , Allahabad for permanent injunction restraining the petitioner from claiming himself to be the President of the Mission and from taking any money in the name of the society and from having any concern with the centres of the Mission situated at Allahabad, Delhi, Shahjahanpur, bangalore, Calcutta, Madras etc. and the commercial activities of the Mission. The said suit was transferred to the Court of 1st additional Civil Judge, Senior Division, allahabad.
( 6 ) ACCORDING to the petitioner, on 9-8-2000, an application for permission to sue the suit in representative capacity was moved. The respondent No. 1 granted permission to the respondents Nos. 2 to 6 on 9-8-2000 to file suit in the representative capacity. He also passed ex parte temporary injunction in favour of the respondents Nos. 2 to 6. On coming to know about the temporary injunction and filing of the suit in the representative capacity by the respondent nos. 2 to 6, the petitioner filed an application on 13-9-2000 under the provisions of order 7, Rule 11 of Code of Civil Procedure praying that the plaint may be rejected as the same does not disclose any cause of action. It was als
