KANDI FRIENDS EDUCATIONAL TRUST Vs. HARDEV KAUR

JUDGEMENT

(1.) The maintainability of this revision petition is objected to by the learned counsel representing the respondent, however, keeping in view the fact that this revision petition was entertained in the year 2017 and has remained pending for the last 7 years, it would not be appropriate to dismiss the petition only on the ground of maintainability. Hence, the revision petition is treated as the Second Appeal against Order filed for challenging the correctness of the order passed by the First Appellate Court remanding the case back to the trial court.

(2.) The Oriental Bank of Commerce filed an interpleader suit no.384 of 2015 with respect to the deposits of respondent no.1 and 2 lying with it. The memo of parties of the suit reads as under:-

(3.) During the pendency of the suit, defendants no.1 and 2 were transposed as plaintiff no.3 and 4. It has been brought to the notice of the Court that the original defendant no.1 is a Society and not a Trust and the aforesaid fact is disputed by the learned senior counsel representing the respondent.