JUDGMENT :

Ramesh Sinha, J.

(A) Introduction

1. The instant intra Court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has been preferred by Most Rev. John Augustine (appellant herein/respondent no.3 in writ petition), challenging the correctness of the judgment and order dated 28.05.2015 passed in Writ Petition No. 406 (M/S) of 2015 : Christ Church McConaghy School Society, Lucknow and another Vs. Registrar, Firms, Societies and Chits, Lucknow and others, whereby the learned Single Judge, while quashing the order dated 07.02.2015 passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow, by which the General Body of the writ petitioners' society (Christ Church Mc Conaghy School Society, Lucknow) was declared invalid and further directed the appellant herein (respondent no.3 in writ petition), to take action for re-constitution of the Committee of Management of Christ Church McConaghy School Society, Lucknow in accordance with bye-laws, allowed the writ petition in the following terms :-

"Having pondered over the issue as to whether the dispute needs to be referred to prescribed authority under Section 25 (1) of Act 1860 the Court is of the view that it is not a fit case for such reference as the opposite party no. 3 has set up his claim based on a separate general body belonging to CIBC distinct from the one existing at present. Thus the dispute is a fundamental one and the membership of the opposite party no. 3 and his associates in the existing general body itself is disputed. Therefore, considering the complicated questions of fact and law involved, the summary proceedings under Section 25(1) would not be suited for resolution of the same. The opposite party no. 3 and his associates would also find it difficult to take recourse to Section 25(1) as they would not be able to muster 2/3rd members of the existing general body as they are basing their claim on a different general body. In the facts and circumstances the appropriate remedy for opposite party no. 3 would be to get his rights declared in regular proceedings of a suit, whether pending or a fresh one. Till then he has no locus to interfere in the functioning of the petitioner-society nor to raise any dispute or objection with regard to it.

As far as the list of officer-bearers and members of general body submitted by petitioner no. 2 for the year 2014-15 is concerned, the matter is remanded back to Deputy Registrar to take a decision afresh in the light of Section 4 and 4-B of Act 1860 keeping in mind the directions of the Supreme Court in the case of A.P. Aboobaker Musaliar Vs. District Registrar (G) Kozhikode and others (supra) and the observations made hereinabove, subject to any order or declaration by any court in favour of opposite party no. 3 in a pending or fresh suit, if filed by him or his associates.

It is made clear that the discussions made hereinabove are only for the purpose of adjudicating the validity of the order of the Deputy Registrar and any observations made shall not prejudice the rights of the parties pending adjudication in any proceedings before any court.

The writ petition is allowed in the aforesaid terms."

B. Factual Matrix

2. The facts leading to the instant intra Court appeal, in a nutshell, are as under:-

3. A Society has been registered under the Societies Registration Act (XXI of 1860) (hereinafter referred to as "Act, 1860") in the year 1947 called ''Christ Church McConaghy School Society, Lucknow' (hereinafter referred to as ''Society'). The objects of the Society are :- to give Christian education among the people of Lucknow; to give opportunities for teaching, witness, and worship according to the faith, doctrine and practices of the Church of India, Burma and Ceylon, and more specially to the Christian staff and students; to maintain a Christian staff sufficient to preserve and strengthen the Christian character and purpose of the institution; to provide for the care of orphans and their education; to