AMBALAL OKARLAL PATEL Vs. FILOMAN PATHUBHAI PATEL

JUDGEMENT

(1.) Ambalal Okarlal Patel and others, appellants original plaintiffs have filed this second appeal under section 100 of the Code of Civil Procedure, against the judgment and decree dated 11th August, 1986, passed by the learned Extra Assistant Judge, Bharuch, in Regular Civil Appeal No.72 of 1984. The learned Judge by his impugned judgment was pleased to allow the appeal and quashed and set aside the judgment dated 31st March, 1984, passed by the learned Civil Judge (S.D.), Bharuch in Regular Civil Suit No.72 of 1972.

(2.) BACKGROUND OF THE MATTER:

(3.) Mr.K.H.Kaji, learned Senior Counsel with Mr.Makwan, learned advocate has invited my attention to the provisions of the Societies Registration Act, 1860 (`S.R. Act' for short) particularly sec.5 and 13 of the Act which reads as under: