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1954 Supreme(All) 19

V.BHARGAVA
Babu Ram – Appellant
Versus
Co-operative Seeds Store – Respondent


Advocates:
Ambika Pd., for Applicant; Standing Counsel, for Opposite Party.

ORDER :- This is a petition by one Babu Ram under Article 226, Constitution of India directed against the Co-operative Seeds Store, Sakit, district Etah, the District Co-operative Officer, Etah the Registrar, Co-operative Societies, Lucknow, the Collector of Etah, the State of Uttar Pradesh, and Damodar Das Attra. Babu Ram petitioner alleged that he was a member of a registered society known as the Co-operative Seed Store, Sakit, district Etah which has been impleaded in these proceedings as opposite party No. 1. It, however, appears from the counter-affidavit that there is no registered society of the name of the Sakit Co-operative Seed Store, Sakit, district Etah.

There is, in fact, a registered society known as the Co-operative Sahkari Sangh Sakit, district Etah, and this registered society hereinafter referred to as Sangh owns a Co-operative Seed Store, Sakit, district Etah, under which name the business of the seed store is carried on by the Sangh. This averment in the counter-affidavit is not met in the rejoinder affidavit and in spite of the fact that there is this error in the petition, no attempt was made on behalf of the petitioner to amend the petition, and correct the na















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