GIRRAJ SEWAK SAMITI Vs. GIRRAJ SEWAK SAMITI

JUDGEMENT

(1.) Heard Shri Shashi Nandan, learned Senior Counsel assisted by Shri Vashistha Tiwari and Shri Shivam Yadav, learned counsel for the petitioners; Shri M.D. Singh Sekhar, learned Senior Counsel assisted by Shri Ashok Kumar Dwivedi for respondent no.1 and Shri P.N. Saxena, learned Senior Counsel assisted by Shri H.N. Pandey, learned counsel for respondent no.2. None appears for respondent nos.3 to 7.

(2.) As the issue involved in the present writ petition is a matter of contest between the petitioners and respondent no.1, therefore, non-appearance of other respondents although one of them respondent no.2 is represented is not legally significant, as such notices to other respondents are hereby dispensed with.

(3.) This writ petition involves an important question of law as to the extent of enquiry in a matter involving the scope of Order 22 Rule 10 CPC and for this purpose arguments were heard at length so as to thrash out the issue and incidental issues, which relate to the management of a religious charitable society registered under the Societies Registration Act, 1860.