DELHI ARYA PRATINIDHI SABHA Vs. MASTER VISHAN DASS

JUDGEMENT

(1.) This revision petition is directed against the order of Sub-Judge, Ist Class, Delhi dated 7th August, 1980 in Suit No. 404 of 1979. The learned Judge has rejected the application of the petitioner under Order 1 Rule 10 of the Code of Civil Procedure.

(2.) The organisation of Arya Samajist is federal organisation. At the apex is what is called Sarvadeshik Arya Pratinidhi Sabha. At State level there are Pratinidhi Sabhas. Delhi unit is known as Delhi Arya Pratinidhi Sabha. Both, the federal body and the federated units are registered bodies and have their constitutions. Of course, the constitution of federal body is supreme. Local organisations are affiliated to State Pratinidhi Sabhas. In Rule 43 of the Sarvadeshik Sabha, there is an express prohibition for the local bodies to get either their constitution or properties separately registered, on the pain of being suspended. The local bodies work under the control and guidance of State body (Rule 40).

(3.) We are here concerned with a local body in Subhash Nagar. Some of its members claim that it is a registered body. This claim is disputed. Some members filed the present suit for permanent injunction against three office bearers without joining Delhi Pratinidhi Sabha as a party.