GAURI VENKATRAMAN Vs. VASANTRAO

JUDGEMENT

(1.) By this revision application, the applicant (original defendant No.2 has challenged order dated 18/11/2019, passed by the Court of Civil Judge (Junior Division), Nagpur, whereby an application filed under Order 7 Rule 11(a) of the Code of Civil Procedure (CPC), has been rejected.

(2.) The respondent No.1 (original plaintiff) filed suit for declaration and mandatory injunction against the applicant and the respondent No.2 herein. The respondent No.1 has stated in the plaint that he is member of the respondent No.2 ­ High Court Bar Association (Association) and that he is aggrieved by a resolution dated 16/08/2019, passed by the respondent No.2 ­ Association, whereby the applicant herein was elected as President of the said Association.

(3.) Elections for electing members of the Executive Council of the respondent No.2 ­ Association were held on 10/02/2017, when the applicant was elected as Vice- President of the said Association. On the President of the respondent No.2 ­ Association being elevated as a Judge of this Court, he tendered his resignation from the said post and a meeting was held on 16/08/2019, wherein a resolution was passed by the respondent No.2 ­ Association electing the then Vice-President i.e. applicant herein as President of the respondent No.2 ­ Association for the remaining period of the said Executive Council. It is relevant that the term of the said Executive Council would expire in February 2020.