H C PATEL Vs. KAUSHIK DESAI

JUDGEMENT

(1.) The present notice of motion has been taken out to determine the issue of jurisdiction as preliminary issue under Section 9a of the CPC.

(2.) Prayer (b) of the motion is to declare that in view of the provisions contained in the Society Registration Act and the Bombay Public Trust act, 1950 particularly in view of Sections 50, 51 and 81 thereof this court has no jurisdiction to try the present suit and consequently the present suit is liable to be dismissed. Page 757

(3.) In the present case the plaintiffs have filed the suit in this Court inter-alia claiming reliefs that the defendant No. 1 who is claiming to be the secretary and trustee of the 2nd defendant should be removed from the post of the office bearer of the 2nd defendant. It is further contended that a primary membership of the defendant from the 2nd defendant institution itself be cancelled or quashed and set aside. It has been further claimed that in any event the defendant No. 1 is not entitled and cannot claim to continue to be the member of the managing Committee and or trustees of the 2nd defendant with effect from 30. 8. 2000. In prayer (d) and (e) it has been prayed that the defendant No. 1 should be permanently restrained from acting as an examiner for the examinations conducted by the 2nd defendant and in prayer (e) a decree is sought for Rs. 79,502/-on the purported ground that the defendant No. 1 has misappropriated the funds of the trust by filing frivolous case and/or defending the case in his personal capacity but making payment of advocates fees from the account of the trust.