NEW EDUCATION SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and heard finally by consent of party.

(2.) In so far as the application under Order-VI, Rule 17, Civil Procedure Code, is concerned, the petitioners objection is that all trustees are not made party to the suit. This objection pertains to the merit of claim and not as to the suit being barred from contents thereof. Petitioners are not in a position to show that on reading of the plaint, the suit is liable to be dismissed on this ground. The order passed below Exh.51, therefore, does not call for any interference, and to that extent, the petition is dismissed.

(3.) In so far as the orders passed below Exhs.53 and 54 are concerned, the amendment would not have prejudiced either of the parties, and the same has been rejected only on the ground that it amounts to incorporating the pleading about a question of law.