118

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

(through video conferencing)

CR-2178-2021 (O&M)

Decided on : 21.03.2022

Mahant Budh Singh

...... Petitioner

Versus

Sh. Mahant Resham Singh and others

...... Respondents

CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present :

Mr. Rishi Pal Singh, Advocate

for the petitioner.

****

Manjari Nehru Kaul, J.(Oral)

Instant petition has been filed under Article 227 of the

Constitution of India for setting aside the order dated 10.02.2021 (Annexure

P-1) whereby the application filed by the petitioner-defendant under Order 7

Rule 11 of CPC read with 151 CPC for rejection of plaint in Civil Suit

No.CS/1309/2019 was dismissed.

Learned counsel for the petitioner inter alia contends that the

Plaintiff No.1-respondent was not the President of the Society in question

and rather it was defendant No.1- Mahant Gian Dev Singh, who was the

President of the Society. Hence, respondent No.1 – Mahant Resham Singh

was not entitled to call a meeting of the aforementioned Society. It was also

submitted that in the aforementioned background, no cause of action

accrued to the respondents to institute the suit for permanent injunction. It

was further submitted that the suit in question was barred under Section 25

of the Societies Registration Act and deserved to be dismissed under Order

7 Rule 11 CPC sub clause 11-D. Learned counsel lastly submitted that the

civil suit was also liable to be rejected on the ground of the matter being sub

SONIA BURA

2022.03.24 17:06

I attest to the accuracy and

authenticity of this document

chandigarh

CR-2178-2022

-2-

judice as the respondents had also filed a suit involving similar issues,

which was still pending adjudication.

Heard and perused the impugned order and other relevant

material.

The provisions of Section 25 of Societies Registration Act are

limited in their application only if there is some dispute regarding the

election or continuation of an office bearer of a registered society.

However, in the case in hand, the respondents have not sought any relief

much less challenged any election or continuation of the members of the

Society in question. Rather, the only relief sought is of permanent

injunction, which can be sought at any time as and when the civil rights of a

person are violated. Even the next contention of the learned counsel that the

matter was sub judice is also devoid of merit as he has failed to bring on

record anything to show that a civil suit involving similar issues was ever

filed prior to the instant suit of permanent injunction. It would also be

relevant to observe that Section 10 CPC does not bar the institution of

subsequent civil suit and it is only the trial of the subsequent suit, if any,

which is not to be proceeded with.

Accordingly, the present petition stands dismissed.

(MANJARI NEHRU KAUL)

JUDGE

21.03.2022

sonia

Whether speaking/reasoned:

Yes/No

Whether reportable :

Yes/No

SONIA BURA

2022.03.24 17:06

I attest to the accuracy and

authenticity of this document

chandigarh