MUTHIRAYAR EDUCATIONAL SOCIETY REPRESENTED BY ITS PRESIDENT N MANIMEGALAI MUTHIRAPALAYAM PONDICHERRY Vs. V GIRIDHARAN

JUDGEMENT

(1.) THE Appellant/1st Respondent/Plaintiff has focused the instant Second Appeal before this Court as against the Judgment and Decree of the Learned Additional District Judge, Pondicherry, in A.S.No.95 of 2000, dated 26.02.2001, in reversing the Judgment and Decree of the Learned II Additional District Munsif, Pondicherry, in O.S.No.374 of 1999, dated 14.07.2000.

(2.) THE Appellant/1st Respondent/Plaintiff is a Society, registered under the Societies Registration Act, with Registration No.162/86. THE Society has been formed and registered by the founder members with a view to bestow competitive examination for poor students to provide free education to the financially backward people, to provide job opportunities for trained and Under Graduate Teachers, etc. THE Appellant/Society, to achieve these objectives, has started a School under the name of Muthirayar English School in the year 1986 itself. THE Government has been pleased to recognise the School and admit the school into Grant-in-aid, since it is a maiden attempt in the Educational system in Pondicherry.

(3.) THE 2nd Respondent/1st Defendant has registered another amendment on the same day registering the name of the President and other Office Bearers, without the knowledge of the Appellant/Plaintiff and also, without informing it. THE date of alteration is known as 30.08.1998 in both the amendments. THE amendment as regards the Office Bearers cannot have any validity because only after the amendment Rule III(B) is registered, the amendment regarding the Office Bearers can have invalidity, if said there is any. Hence, the amendment registered by the 2nd Respondent/1st Defendant dated 22.12.1998 on fixing the Form No.VI is dated as 30.08.1998 is invalid. THE amendment of Office Bearers Form No.VI is submitted only on 22.12.1998, even though the resolution is passed on 03.04.1998. In the resolution dated 03.04.1998, it is specifically stated that the 1st Respondent/2nd Defendant is not assured with any office.