BISWANATH MUKHARJEE Vs. NETAJI SANGHA

JUDGEMENT

(1.) The present appeal is directed against the reversing judgment passed by the Second Addl. District Judge, Cuttack in RFA No.107/2010 on 13/8/2012. The present appellant was the Defendant No.1 in C.S. No.485/2007 of the Court of learned Civil Judge (Sr. Division), 1st Court, Cuttack. The said suit filed by the present Respondents-Plaintiffs was for declaration that as per the resolution passed on 9/11/2007 by the General Body of the Plaintiff Sangha, Defendant No.1 is no longer the Secretary of the said Sangha and has no authority to represent it in the body of Orissa Cricket Association (OCA)-Defendant No.2, as its representative with further declaration that the Sangha had not passed any resolution on 15/12/2006 electing its office bearers and for appointment of receiver/observer for conducting the election of the office bearers of the Sangha on or before 23/1/2008. Further declaration was prayed for that the Plaintiffs are the lawfully elected care-taker office bearers of the Sangha as per extraordinary General Body Meeting dtd. 9/11/2007 and are therefore authorized to represent the Sangha for all purposes and for a direction to the Defendant No.2 to recognize the elected representatives of the Sangha in its body as members. As per judgment passed on 6/10/2010 followed by a decree, learned Civil Judge (Sr. Division), 1st Court Cuttack dismissed the suit on contest. The said judgment and decree as already stated was reversed by the First Appellate Court by decreeing the suit in part.

(2.) The present appeal has been admitted on the following substantial questions of law;

(3.) Briefly stated, the facts of the case are that Netaji Sangha (Plaintiff No.1) is a Society registered under the Societies Registration Act, 1860 in the year 1971-72 having been established, inter alia, to develop sportsmanship among its members through participation in different sports events. The OCA granted affiliation to the Plaintiff Sangha with its Secretary being an ex-officio member of the association. Defendant No.1 was elected as the Secretary of the Plaintiff Sangha on 20/12/2001. There being allegations of mismanagement of the affairs of the Sangha and mis-appropriation of its funds etc. an extraordinary General Body of the Sangha was held on 15/1/2004, whereby he was removed from the post of Secretary as also from primary membership of the Sangha. One Siba Prasad Mukherjee was elected as President and one Tarun Kumar Mukherjee as Secretary of the Sangha. Challenging the Resolution dtd. 15/1/2004 as illegal and unconstitutional, Defendant No.1 filed Civil Suit No.67/2004 in the Court of learned Civil Judge (Sr. Division), 1st Court, Cuttack seeking a declaration that he was still continuing as the Secretary of the Sangha and for permanent injunction against the so-called newly elected members. During pendency of the suit, an interim order was passed by the Trial Court whereby the Defendant No.1 (Plaintiff in the suit) was permitted to continue as the Secretary. On 8/11/2007, the suit was dismissed for disappearance of cause of action. On 9/11/2007 an Extraordinary General Body Meeting was convened, whereby one Ashis Kumar Majumdar was chosen as the working President and Tarun Kumar Mukherjee as the working Secretary of the Sangha. Though such resolution was communicated to OCA, it did not recognize the same. On the other hand, Defendant No.1 claimed to have been elected as the Secretary pursuant to Resolution dtd. 15/12/2006. As such, the Plaintiffs filed the suit claiming the reliefs as aforementioned.