LAWS(P&H)-2006-8-407

DAV SENIOR SECONDARY SCHOOL Vs. ARYA SAMAJ

Decided On August 28, 2006
DAV SENIOR SECONDARY SCHOOL Appellant
V/S
ARYA SAMAJ Respondents

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned Additional District Judge, Kurukshetra, on 11.09.2003 whereby the application of defendants No. 1 and 2, petitioners herein, for revocation of leave granted to plaintiff-respondents No. 1 to 3 to file a suit under Section 92 of the Code of Civil Procedure, 1908 (hereinafter to be referred as "the Act") was dismissed.

(2.) On 28.11.1927, D.A.V. High School, Shahbad Markanda, was registered with the Registrar of Firms and Societies under the provisions of the Societies Registration Act, 1860. Subsequently, petitioner No. 2 has been registered as a Society under the Societies Registration Act, 1860, vide certification of registration dated 27.06.1996.

(3.) The plaintiff-respondents No. 1 to 3 have filed the present suit under Section 92 of the Code for directing the defendants to furnish the accounts of defendants No. 1 and 2 and for settling a scheme for the administration of the institutions i.e., defendants No. 1 and 2 and for declaring that the Managing Committee presently managing the affairs of defendants No. 1 and 2 are not managing the affairs of the society in accordance with the constitution of the society. The plaintiffs further sought a restraint order against the defendants in respect of alienation of any property of the society.