Hon’ble S.N. Srivastava, J.—This writ petition has been preferred against order dated 20.4.2004 whereby application under Section 5/A of the Societies Registration Act seeking permission to alienate property of the society was dismissed as having become infructuous.

2. Before coming to grips with the respective contentions advanced across the bare, I would like to have a brief resume of necessary facts. Sri Triveni Madhav Prayagwal Shiksha Sabha Allahabad is a society registered under the Societies Registration Act. Initially, an application was moved in April 1990 praying therein to accord permission to alienate property in dispute described in the application on certain grounds. This application protracted so much so that during pendency of the application, a sale-deed was executed by Secretary of the society on 20.6.2001. Subsequently, by means of impugned order, the application was dismissed by the District Judge on the ground of having become infructuous regard being had to the fact that the sale-deed had already been executed during pendency of the application and therefore, it was observed, the application for grant of permission was liable to be rejected as infructuous.

3. Learned Counsel for the petitioner urged that the right of parties shall be determined on the date on which action is instituted in the Court urging further that on that date application made for seeking permission from the District Judge to execute sale-deed contained requisite details which entailed transfer of certain property of the society. He further urged that application should have been decided on merits urging further that in case during pendency of the application any sale-deed had been executed, the same was liable to be governed by the final orders passed by the District Judge on merits. He further urged that the order dismissing the application as infructuous suffered from the error apparent on the face of the record. He also relied upon two decisions namely, Rameshwar and others v. Jot Ram and others, AIR 1976 SC 49 and Kishan alias Krishan Kumar v. Manoj Kumar, AIR 1998 SC 999 to reinforce his contention that right of parties is decided as regards the cause of action attended with further submission that procedural delay if any cannot affect the rights accruing from initial cause of action. In opposition, learned Counsel appearing for the Opp. Parties claiming themselves members of the society, urged that their impleadment was allowed by the District Judge in the application in which permission to execute sale-deed was sought. Ultimately it was urged that order was rightly passed dismissing the application on the ground that in view of execution of sale-deed application had become infructuous.

4. I have considered the arguments advanced across the bar and also perused the materials on record.

5. The restriction that sale-deed cannot be executed without prior permission of the District Judge is envisaged in Section 5/A of the Societies Registration Act the substance of which is that it shall not be lawful for the governing body of a society to transfer without the previous approval of the Court any immovable property belonging to such society. Coming to the facts of the present case, it would appear from a perusal of the application made in the case that the society had purchased the property in dispute through a sale-deed dated 27.4.1931 and the same was let out by the then office bearers of the society to various tenants and therefore, it was urged, the property is not yielding any profit. It was further stated in the application that Opp. Party No. 1 namely, Hira Lal paid rent and thereafter his widow paid rent at the rate of Rs. 15/- per month and some of the Opp. parties paid Rs. 50/- which was subsequently raised to Rs. 60/- per month albeit the fact that the disputed property is situated in busy commercial centre. The next ground urged is that the society is not resourced with enough earning and due to paucity of funds it is