Ishwari Prasad vs Chandra Bhan - 1974 Supreme(All) 346

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1974 Supreme(All) 346

H. L. CAPOOR
Ishwari Prasad – Appellant
Versus
Chandra Bhan – Respondent

Advocates appeared:
H. P. Agarwal, Advocate, For the Appellant / T. N. Hukku, Advocate, For the Respondent

JUDGMENT

H. L. Capoor, J. - This is a plaintiff's appeal against the judgment and decrees of the two courts below, holding the suit not being maintainable by the civil courts.

2. Ishwari Prasad, the plaintiff, filed a suit for permanent injunction, restraining the defendants from illegality and wrongfully intimidating the plaintiff and interfering with his functioning in the office of the President of the Shoe Makers Co-operative Society, Teela Nand Ram, Agra, on the allegations that he was the duly elected President of the said society, that he had been acting as such since the year 1953, that the defendant-respondent No. 1 got the plaintiff served with a notice to hand over charge to him by 31st July, 1963, claiming that he had been elected as the President, that, in fact, no election was ever held on 13th September, 1962, as alleged by the defendant No. 1 nor could it be so held under the rules and regulations of the society, that the plaintiff on 13th February 1963 and 29th May, 1963, made representations to the Registrar, Industrial Co-operative Societies, to arbitrate in the matter, that the Registrar, without giving any opportunity to the plaintiff, rejected the representatio

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