S ELISHA Vs. WORLD MISSIONARY EVANGELISM OF INDIA

JUDGEMENT

(1.) An objection has been raised by the Registry to the maintainablity of these appeals under the Letters Patent as the orders were passed by the learned Single Judge in Civil Miscellaneous Appeal filed under Order 43 Rule 1 of Civil Procedure Code. The note of the Registry states that the L.P.As. of the present nature are barred under the provisions of Section 104 (2) of the Civil Procedure Code. Mr. S.A. Chari, learned Counsel for the appellants raises the question that the appeals were never preferred under Order 43 Rule 1 C.P.C., but were filed under Section 96 of C.P.C. read with Section 11 of the Andhra Pradesh (Telangana Area) Societies Registration Act, 1350 Fasli (hereinafter shortly referred as "the Act')- Inasmuch as the decision of the learned Principal District Judge was a decree as defined under Section 2 (2) of the C.P.C., it is appealable as provided under Section 96 of C.P.C.

(2.) There is no dispute about the fact that the first respondent is a Society registered under the Act. The second respondent is its Chairman and official representative. The dispute between the parties related to its management for redressal of which the application was filed by the appellants before the Principal District Judge, Rangareddy District, which is the designated Court for the purpose. The application was dismissed on merits. As the application had been filed under Section 11 of the Act, it is submission of Mr. Chari that the decision of the District Judge finally adjudicated the rights of the parties as were claimed in the application and hence the decision is in the nature of a decree from which the appeal shall lie to this Court as any other appeal from the decrees passed by the District Judge.

(3.) Section 11 of the Act reads as follows: