USHA SONTAKE Vs. SHRI MAHILLA GRIH UDYOG

JUDGEMENT

(1.) THIS is an appeal filed by the plaintiffs under section 96 of Code of Civil Procedure against the judgment and decree, dated 11.3.95, passed by Smt. Aradhana Choubey, IXth Addl. Judge to Distt. Judge Bhopal in Civil Suit No. 5 -A/92.

(2.) THIS appeal has been marked to me by the order passed by. Hon'ble the Chief Justice as Hon'ble Shri Justice D.P.S. Chauhan has ordered that this case may be listed before any other Hon'ble Judge of this Court by order dated 27 -3 -96. Initially Hon'ble Shri Justice D.P.S. Chauhan had dismissed this appeal and the appellants had filed L.P.A. No. 44/95 against that order. A Division bench of this court set aside that order and remanded the case back to the learned single Judge for decision on merits of the case. The final judgment was passed by the division Bench on 4/12/95 consisting of Hon'ble Shri R.P. Awasthy and Hon'ble Shri R.S. Garg. JJ. When this case was called for hearing, it was pointed out by me that on 2/11/95, L.P.A. No. 44/95 was listed before Hon'ble the Chief Justice and myself. No order was passed on merits and the record of the courts below was sent for on that date. Both the counsel stated that they have no objection to my hearing this appeal as the order dated 2.11.95 was merely a formal order.

(3.) THE appellant claimed in their plaint that the respondent No. 1 Shri Mahila Grih Udyog Lijjat Papad is society registered under the society Registration Act, 1860. It is also registered as a public Trust under the Bombay Public Trust Act, 1950. It was claimed by the appellants that the object of the society, in accordance with the Articles of Association, was to promote economic, social, educational, cultural activities or any other field of activity like giving of scholarships to poor deserving students, medical aid and relief against provery without distinction of caste, colour or creed.