POURA VIHARA Vs. B. P. UMASHANKAR

JUDGEMENT

(1.) This writ petition is filed by defendant Nos.1 and 11 under Article 227 of the Constitution of India, challenging the order dtd. 12/12/2024 passed on IA Nos.1 and 2 in O.S.No.346/2024 by the I Additional Civil Judge and JMFC, Shikaripura, whereby the said applications filed by plaintiff No.10 were allowed.

(2.) The plaintiffs filed a suit to declare that the undated publication of the results of the election for the defendant No.1 Society for the official years 2024-25 to 2028-29, claiming to have been elected the defendants Nos.8 to 15 and the defendant No.2 as an executive body for the defendant No.1 Society, signed by the Manager of the defendant No.1 Society, as illegal and unenforceable and to set aside the same as it is contrary to bylaws of defendant No.1 Society.

(3.) Learned senior counsel appearing for the petitioners- defendant Nos.1 and 11 has contended that the suit is filed by the plaintiffs challenging the election held to the Society and it is not in respect of the affairs of the Society and hence the plaintiffs cannot invoke the provisions of Order 1 Rule 8 of CPC to file a suit under representative capacity. Hence, the I.A.No.1 filed under Order 1 Rule 8 of CPC is not maintainable. The Trial Court has erred in allowing the applications. Hence, he sought for allowing the writ petition.