LAWS(KAR)-2013-10-319

JANATHA DAL PARTY REPRESENTED BY KARNATAKA PRADESH JANATHA DAL (SECULAR) Vs. INDIAN NATIONAL CONGRESS AND OTHERS

Decided On October 11, 2013
Janatha Dal Party Represented By Karnataka Pradesh Janatha Dal (Secular) Appellant
V/S
Indian National Congress And Others Respondents

JUDGEMENT

(1.) THIS is a 13th defendant's appeal against the judgment and decree of the trial Court granting the relief of declaration of title, recovery of possession, mesne profits, etc., For the purpose of convenience, the parties are referred to as they are referred to in the suit. FACTS OF THE CASE PLAINT

(2.) THE case of the plaintiffs' is that the Indian National Congress, the 1st plaintiff for short hereinafter referred to as the "Congress" is the first ' and foremost political party in India. It comprises All India Congress Committee which is the Apex Body at the Centre and the Pradesh Congress Committees at State levels. Karnataka Pradesh Congress Committee -2nd plaintiff herein for short hereinafter referred to as "KPCC", is the constituent unit of the Congress in the State of Karnataka and is as such incharge of the affairs of the Congress in the State of Karnataka. Smt. Indira Gandhi was the President of the Congress, Sri. K.T. Rathod is the President of KPCC. The KPCC was called Mysore Pradesh Congress Committee before the name of the erstwhile new State of Mysore was changed as Karnataka. Plaintiff No. 3 is the Indian National Congress Committee and plaintiff No. 4 is the member of the KPCC.

(3.) THE 1st defendant is an unregistered body with numerous members Plaintiffs are not aware of the names of all of them. It is also not practicable to implead all the members of the 1st defendant as parties. Second defendant is the President of the Karnataka Unit of the 1st defendant party adequately representing the 1st defendant party as a whole and all its members.