SARAF AND SWARNKAR SAMITI MORAR Vs. MUNNAL LAL

JUDGEMENT

(1.) THE non-petitioner No. 1 (plaintiff) filed a suit against the petitioners 1 to 4 for permanent injunction and damages.

(2.) PETITIONER No. 1 is Saraf and Swarankar Samiti, Morar, which is an unregistered body while petitioners 2 to 4 are its office-bearers. The case of the plaintiff is that he is a member of Saraf and Swarankar Samiti, Morar. The plaintiff (non-petitioner no. 1) is working as Saraf at Morar and carries on business of manufacture and sale of silver ornaments and other articles. He obtains goods on loan from other gold-smiths for his business and sells them to his customers. According to the plaintiff, defendants Nos. 2 to 4 (petitioners 2 to 4) are illegally bringing pressure on other members of Swarnkar Samiti so as to compel the plaintiff to stop his business and petitioners 1 to 4 (defendants 1 to 4) have passed a resolution against the plaintiff to the effect that all the members of the Samiti shall not transact business with the plaintiff. This has affected his business. He, therefore, filed a suit for permanent injunction restraining them from obstructing other goldsmiths in dealing with the plaintiff in connection with his business and he also claimed an amount of Rs. 400/- as damages.

(3.) SINCE the Swarnkar Samiti is not a juristic person the plaintiff submitted an application under Order 1, Rule 8 of the Code of Civil Procedure for permission to sue the defendants in their representative capacity. The application though opposed by the defendants was allowed by the impugned order. Being aggrieved thereby the defendants filed this revision petition.