WEST BENGAL RIFLE ASSOCIATION Vs. KALYAN BANERJEE

JUDGEMENT

(1.) I am considering three applications filed in connection with C.S. No. 400 of 2001 together as similar questions are involved in all those applications.

(2.) These three applications are : (1) An application for withdrawal of the suit filed by the plaintiffs on July 28, 2003. The said application has been registered as G.A. No. 2653 of 2003. (2) The application filed by the defendant No. 9, namely, Dhirendra Nath Das, on August 14, 2003 for deletion of the name of the plaintiff No. 2 and for substitution of the defendant No. 9 instead and in place of the said plaintiff No. 2 in the suit upon his transposition from the category of the defendants to the category of the plaintiffs. The said application has been registered as G.A. No. 2896 of 2003. (3) The other application filed by the said defendant No. 9 is, in substance, for a direction on the erstwhile members of the committee of the West Bengal Rifle Association to handover the charge of management and administration to the newly elected committee of the said association and to restrain the plaintiff No. 2 and any other member of the erstwhile committee from in any way or manner holding themselves out and/or representing themselves as the office bearers of the said Association. There is, also, a prayer, inter alia, for a direction on the defendant No. 25, that is, the National Rifle Association of India, to recognize the present committee of the West Bengal Rifle Association elected in the election conducted by the learned Special Officer appointed by this Court and to render all assistance and co-operation to the newly elected committee so that the newly elected committee may function smoothly and the shooters nominated by the West Bengal Rifle Association are permitted to participate in national championships. The said application has been registered as G.A. No. 2922 of 2003.

(3.) Some facts are required to be stated in order to appreciate the points involved in these three applications: