BUDDHIST THAI BHARAT SOCIETY Vs. SHASHI BHUSHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous application has been filed under Article 227 of the Constitution of India against the order dtd. 9/1/2018 passed by the learned Munsif, Gaya in Title Suit No. 29 of 2016 whereby the learned Court below rejected the application filed under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (in short, C.P.C.).

(3.) The brief facts of the case are that respondents preferred a Title Suit No. 29 of 2016 (81 of 2014) under Order 1 Rule 8 read with Sec. 92 of C.P.C. seeking relief of perpetual injunction against the petitioner. The title Suit was preferred mainly on the ground that the petitioner-society is acting contrary to its aim and objectives and its constitution and tenure of Governing body of the defendant-society is permanent. Plaintiff No. 1 is member of Governing body of defendant-society and the notice dtd. 11/9/2014 issued by defendant-society calling general body meeting pertaining to election of Governing body of the society is contrary to the constitution of the defendant-society. Buddhist Thai Bharat Society, the petitioner herein is a religious, cultural, social and non-political organization devoted to the cause of Buddhism having large number of devotees, donor and allegiances whose sentiments, interests, right and title are directly involved in the defendant-society and the plaintiffs have filed the suit not only in their personal capacity but also as representatives of all the persons having any sort of interest, right, sentiments and title in the defendant - society. The written statement was filed on behalf of the petitioner and it was averred therein that the suit is not maintainable as there is no cause of action and the suit stands barred by law among other various objections. It was also averred that plaintiffs / respondents being non-members of the society are not entitled to seek any relief as prayed for and the suit is collusive suit filed at the instance of Mr. Kitti Nawani, the formal General Secretary of the petitioner-society. Plaintiffs / respondents filed an application under Order VI Rule 17 C.P.C. thereby seeking an amendment to the plaint with prayer for declaration that Annual General Meeting dtd. 25/10/2014 of the petitioner is illegal and the tenure of office bearers of society is permanent.