SUKRIT SAHA Vs. SADHANASHRAM SEVA SAMSAD

JUDGEMENT

(1.) The appeal is arising out of a judgment passed in Title Suit No.40 of 2005 decided on 12th June, 2018 by the learned Judge, IVth Bench, City Civil Court, Calcutta, in a suit filed by the plaintiff for declaration and injunction.

(2.) The plaintiff filed a suit praying for a decree of declaration that the resolution dated 29th June, 2002 communicated by a letter dated 8th July, 2002 is illegal, without jurisdiction and not binding upon the plaintiff. The plaintiff has also prayed that he is the principal of the school pursuant to the letter of appointment by the Managing Committee dated 31st July, 1997 along with other reliefs. The suit was dismissed on the basis of an order passed by the Hon'ble Division Bench of the Patna High Court on 9th December, 2004 in LPA No.1135 of 2004. Although the learned Trial Judge has framed nine issues but it appears that he has only returned a finding of issue no.1 and in our view the learned Trial Court was justified in not considering the other issues since the learned Trial Court has come to finding that the suit is not maintainable in view of the order dated 9th December, 2004 passed in LPA No.1135 of 2004. This takes us to consider the order passed by the Division Bench of the Patna High Court on 9th December, 2004. In the Patna High Court, the present plaintiff is the appellant.

(3.) The dispute is with regard to the administration of management of Sadhanashram Seva Samsad (hereinafter referred to as 'Samsad'). The Samsad was established to impart and promote education and to establish, maintain, carry on education works and institutions, i.e., schools, colleges, universities. Rammohan Roy Seminary of Khazanchi Road, Patna is one of the educational institutions owned and affiliated by the said Samsad. Different factions of the said Samsad claiming to be entitled to carry on the aforesaid object. Several suits are pending in different courts. The respondent nos.1 and 2 filed a title suit, being Title Suit No.2016 of 2001 in the City Civil Court, Calcutta, inter alia, claiming a declaration that the resolution dated 15th November, 2001 made by Sadhanashram Seva Samsad is illegal, bad in law and is liable to be delivered up and/or cancelled. The plaintiffs in the said suit made a further declaration to run and administer the society. The plaintiffs in the said suit have also prayed for an injunction restraining the defendants from disturbing and/or causing any obstruction and/or interrupting the functioning with the defendant no.1 society and/or dealing with the affairs of the said society. In the said suit, the present plaintiff is the defendant no.11. In the suit of 2001, the plaintiff claims that the present Managing Committee of the Seminary was reconstituted on 24th March, 2001 which includes the name of Dr. Sukrit Saha, Ex-Officio Member, being the principal of Seminary. However, it is alleged that by a resolution dated 15th November, 2001, signed by all the defendants, which includes Dr. Sukrit Saha, the plaintiffs were removed from the said society and on that basis, a declaration is sought for. The relevant paragraphs are paragraphs 12 and 13 of the said plaint, which reads:-