BIRAJ BHATTACHARYA Vs. INDIAN CULTURE CENTRE AND OTHERS

JUDGEMENT

(1.) The second defendant in an eviction suit has preferred the instant revisional application against an order whereby the plaintiff/opposite party no. 1 was granted leave under Order I Rule 8 of the Code of Civil Procedure by the Court below at a belated stage. It is submitted by learned counsel for the petitioner that the plaintiff, being the Indian Culture Centre, represented by its Secretary, Sri Kiran Mukherjee, instituted the suit at a juncture when the plaintiff-Society was unregistered. It is submitted on behalf of the petitioner that the suit proceeded up to a mature stage and only when the evidence of both sides was complete and the suit was fixed for arguments, the plaintiff sought for a leave under Order I Rule 8 of the Code to regularize the suit. It is further submitted that, since the suit was not maintainable at the inception at the instance of an unregistered Society, such defect was incurable at a later stage by granting leave under Order I Rule 8 of the Code.

(2.) Learned counsel for the petitioner cites several judgments in support of his contention.

(3.) The first cited judgment was reported at [S.N.D.P.Sakhayogam vs. Kerala Atmavidya Sangham and others, 2017 8 SCC 830], where it was held that while granting leave under Order I Rule 8 of the Code of Civil Procedure to a registered Society seeking cancellation of a sale deed qua the suit property by representing other organizations, the Court had to decide several material questions, namely