LAWS(BOM)-1981-11-5

STATE OF MAHARASHTRA Vs. CYCLE RICKSHAW UNION NANDED

Decided On November 24, 1981
STATE OF MAHARASHTRA THROUGH THE COLLECTOR, NANDED Appellant
V/S
CYCLE RICKSHAW UNION,NANDED THROUGH ITS GENERAL SECRETARY Respondents

JUDGEMENT

(1.) This second appeal by the State is directed against the judgment and decree passed by the learned District Judge, Nanded, dated November 26, 1976, in Regular Civil Appeal No. 62 of 1975.

(2.) The Cycle Rickshaw Union, Nanded, through its General Secretary filed a suit against the appellants-original defendants for a declaration that the plaintiff is entitled to represent the member rickshaw owners in all official functions of the rickshaw owners for a perpetual injunction restraining defendants Nos. 2 and 3 from compelling personal attendance of rickshaw owners. The learned Civil Judge, (Senior Division), Nanded, by a judgment and decree dated July 21,1975, decreed the plaintiffs suit on the following terms :---

(3.) It is a strange suit where a cause of action given in the plaint is stated as follows :---