BANGALORE MALAYALI CATHOLIC ASSOCIATION Vs. K J JOSEPH

JUDGEMENT

(1.) TWO of the defendants in O. S. No. 4200 of 2002 have preferred this revision petition under Section 115 of the CPC against the order dated 11-10-2002 by which the Trial Court has rejected their prayer for rejection of the plaint under Order 7, Rule ll (d) of the CPC. The said prayer was sought by the petitioners by taking a plea that the suit as framed is not maintainable under Section 34 of the Specific Relief Act, 1963 (in short "the Act" ).

(2.) IT is not in dispute that both the plaintiffs as well as defendants are the members of an Association known and called as "bangalore malayali Catholic Association". The Association is registered under the provisions of the Karnataka Societies Registration Act, 1960 (in short "societies Registration Act" ). Its activities are governed by the Memorandum of Association, Rules and Regulations, 1998 (in short "the rules and regulations"), which are registered under Section 8 (2) of the Societies Registration Act. The society can sue or be sued under Section 15 of the Societies Registration Act.

(3.) THE plaintiffs had filed the suit for restraining the Association and the Returning Officer (defendant 17) from holding elections to various posts of the Association on the ground that some of the members who had filed their nominations were ineligible in terms of Regulation 12 (b)of the rules and regulations. This regulation provides that only those permanent members, who are not in arrears of any dues to the Association as on the date of the general body meeting, are eligible to vote at the meeting provided his membership is valid on the date of filing the nomination. Rule 12 (b) of the Rules and Regulations reads as under: "rule 12 (b ). The proposer, seconder and the candidate to be nominated by them, as the office-bearers and committee members, should have been members of the Association for a period not less than 2 years on 31st March, preceding the general body meeting in which election takes place and should not be in arrears of dues to the Association on the day of filing nomination. The provision "period not less than two years" is applicable only after 2 years from the date of registration".