JAGDEV SINGH GREWAL Vs. GURBIR SINGH

JUDGEMENT

(1.) This revision is directed against the order dated 3.8.1998 passed by the Additional Civil Judge, Senior Division, Jalandhar dismissing the application filed by the petitioner Jagdev Singh Grewal, who was plaintiff No. 3, before the trial Court to withdraw the suit.

(2.) Briefly stated the facts, necessary for deciding the issues involved in this petition are that plaintiff No. 1. Guru Nanak Education Trust (Regd.) Model Town, Ludhiana (for short the Trust') was registered vide Trust Deed dated 1.6.1969. Originally there were seven Trustees and the Trust Deed contemplated appointment of more trustees. In the year 1993 Gurbir Singh, plaintiff No. 2 and the present applicant Jagdev Singh Grewal, Plaintiff No. 3 were the President and Secretary respectively of the Trust. In a meeting held on 9.4.1993, it was resolved that the President, Vice President and Secretary will operate the bank account by signing any two of them jointly. A dispute arose between the parties in July/August, 1993 as a consequence whereof on 7.9.1993 the Trustees of the Board held separate meetings at Chandigarh and Ludhiana. The meeting at Chandigarh was attended by the President and Secretary and one Baldev Singh while Shri Attar Singh was represented by proxy. The meeting at Ludhiana was attended by three persons namely defendant Nos. 1, 2 and 3 and in the meeting they decided to appoint themselves as President, Vice President and Secretary respectively and also to operate the bank account of the Trust. This action of theirs was challenged by the Trust through the President and the Secretary as well as by the Gurbir Singh and Jagdev Singh Grewal in their individual capacities by filing a suit for declaration that the meeting held at Ludhiana was illegal. They had also sought an ad interim injunction restraining the defendant/respondents from giving effect to the resolution passed in that meeting. This application was allowed by the Trial Court which order was upset by the Additional District Judge. The Civil Revision filed against this decision was allowed and the order of this Court was upheld by the Hon'ble Supreme Court.

(3.) On 27.5.1998 Jagdev Singh Grewal, who was plaintiff No. 3, filed an application under Order XXIII, Rule 1 read with Section 151 CPC bringing it to the notice of the Court that on 8.5.1998, the officer-bearers had issued an agenda for election of officer-bearers of the Trust on 15.5.1998 at 10.00 a.m. at the premises of Guru Nanak Girls College, Model Town, Ludhiana. In the meeting Gurinder Singh Grewal was elected as President, Jagdev Singh Grewal was elected as Secretary and Balbir Singh was elected as Vice President and in view of this election the Guru Nanak Education Trust, Plaintiff No. 1 and Plaintiff No. 3 who is the present applicant did not want to pursue the suit and prayed that it should be dismissed and they should be permitted to withdraw the same.