JEERNODHARA SAMITHI Vs. KEDENJI MAHAVISHNU KSHETHRA SEVASAMITHI

JUDGEMENT

(1.) It is not in dispute that Kedenji Mahavishnu Kshethra Seva Samithi is a society registered under the Societies Registration Act, 1860. This is made explicitly clear in Ext. P1 judgment disposing of R.F.A. No. 101/2011 and W.P.(C) No. 8222/2007. There is evidently a dispute among the members of the society pertaining to its administration. Section 13 of the Societies Registration Act, 1860 clothes the principal Court of original civil jurisdiction of the district with jurisdiction to decide such disputes. Such Court in the instant case is the Court of the District Judge of Kasaragod. Thus the plaintiffs have presented the suit in the Court having jurisdiction to entertain the same only.

(2.) The respondent contend that the Court of the District Judge gets jurisdiction only on a reference made to it. There is no provision in the Societies Registration Act, 1860 to make such a reference to the Court of the District Judge. A provision akin to Section 11 of the Arbitration and Conciliation Act, 1996 is conspicuously absent. The Court below has erred in returning the plaint for presentation before the proper Court. Ext. P3 order in O.S. No. 1/2009 on the maintainability of the suit is hereby set aside. The Court of the District Judge of Kasaragod is directed to proceed further with the suit on merits.