SANATAM DHARAM SABHA NEW DELHI Vs. CHANDER BHAN

JUDGEMENT

(1.) This second appeal has impugned the judgment and decree dated 16.9.2010 which had endorsed the findings of the Civil Judge dated 27.4.2006 whereby the suit of the Plaintiff seeking possession and perpetual injunction qua the suit property had been dismissed.

(2.) Present suit had been filed on 15.3.1983 . The Plaintiff was a society i.e. Sanatan Dharam Shabha, New Delhi, Laxmi Narain Templa (Birla Mandir). Suit had been filed through its secretary M.L. Anand. Averment in the plaint was that M.L. Anand was duly authorized vide resolution dated 14.11.1982 to file the present suit. On 07.1.2006, a preliminary issue had been framed by the trial court it reads as follows:

(3.) An application under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as 'the CPC') had been preferred by the Plaintiff on 15.1.2004 seeking a amendment in the plaint to the effect that in fact no resolution dated 14.11.1982 authorizing M.L. Anand to file the present suit was on record; the amendment sought was that the resolution is dated 20.10.1982. In the amendment application, it has been averred that this fact that there was no such resolution dated 14.11.1982 had come to light only recently; application seeking amendment has thus been filed. Trial judge had recorded that the suit had been filed in the year 1983; issues were framed on 03.9.2001. Plaintiff had taken numerous opportunities for the purpose of leading Plaintiff evidence as also for filing the present application i.e. the application under Order 6 Rule 17 of the Code. The application was thereafter filed only on 15.01.2004 i.e. after a lapse of almost 21 years for which there was no explanation. Application for amendment had been dismissed. The court had recorded that since there was no resolution authorizing M.L. Anand to file the present suit, his suit was not maintainable; it was dismissed.