VOLLEYBALL FEDERATION OF INDIA,JAWAHARLAL NEHRU STADIUM,CHENNAI AND ANR. Vs. UTTARANCHAL VOLLEYBALL ASSOCIATION THROUGH D.K.SINGH SACHIV BRAHSPATI SPORTS ACADEMY & ORS.

JUDGEMENT

(1.) THIS revision, preferred under Section 115 of the Code of Civil Procedure, 1908, is directed against the order dated 8-11-2004 passed by the learned Civil Judge (Junior Division), Rudrapur (Udham Singh Nagar) in Civil Suit No. 3 of 2004.

(2.) BRIEF facts of the case are that, a Civil Suit No. 3 of 2004 was instituted by respondent No. 1, Uttaranchal Volleyball Association, through its Secretary, Sri D.K. Singh for declaration and injunction against the revisionists (defendant Nos. 1 and 3 and other defendants). In said suit it was pleaded that plaintiff (respondent No. 1) is a society, registered under Societies Registration Act, which selects the Volleyball players for representing the State for national and international events. Defendant No. 1 (present revisionist No. 1) and defendant No. 5 (respondent No. 4) organize various events of Volleyball and recognize the various Volleyball Associations. Plaintiff/respondent No. 1 is attached with the defendant No. 1 (revisionist), and defendant No. 5 (respondent No. 4) has also given its recognition to it. It is alleged by the plaintiff - defendant No. 1 in his plaint that no confidence motion was moved on 22-9-2002 against the then President, defendant No. 3, Avdhesh Chaudhary, for his activities against the plaintiff organization and new President was elected in his place. However, the defendant No. 1 (revisionist) is still recognizing the defendant No. 3, Avdhesh Chaudhary as President of the plaintiff organization. Hence, suit for declaration and injunction that the Executive elected on 22-9-2002 should be recognized and defendant No. 1 or defendant No. 3 should not interfere in the working of the plaintiff organization.

(3.) I heard learned Counsel for the parties and perused the record.