ARCHANA SHARMA Vs. M K SHARMA

JUDGEMENT

(1.) RULE 1 of Order VII C.P.C enjoins upon the plaintiff to state the facts constituting the cause of action in the plaint. Order VII Rule 11 casts a mandatory obligation on the court to reject the plaint where it does not disclose a cause of action. For deciding as to whether the plaint discloses a cause of action the averments of the plaint alone are thus required to be examined. By the order impugned in this revision Learned Trial Court has deferred the decision of the question as in its opinion the question raised in the suit is a mixed question of fact and law.

(2.) PLAINTIFF who is respondent herein in the capacity of Secretary/Administrator Jagriti Niketan School has filed a suit for declaration and injunction etc. against the petitioners herein. In the body of the plaint except averring as follows in Para 3 nothing has been stated as to how the plaintiff is authorized to institute the suit: - "That the name of the School had to see one more change from Model Nursery and Elementary School Jagriti Niketan (Reg. Society under Registration of Societies Act) and with it there was also expansion in the school now unto 10th standard."

(3.) FROM the above made averment of the plaint it appears that school is being run by a Society registered under Societies Registration Act and on behalf of the Society the plaintiff is suing the defendants. This fact is also not being disputed by the learned counsel for the respondent at bar. The provisions contained therein govern the Society being registered under the said Act. Section 6 -A deals with suits on behalf of or against such Society. It reads: - "6 -A.. Suits by and against Society: - Every Society registered under this Act may sue in the name of the President, Chairman or Principal Secretary, or trustees, as shall be determined by the rules of the society, and in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion: Provided that it shall be competent for any person having claim or demand against the society, to sue the president or chairman, or principal secretary or the trustees thereof, if an application to the governing body some other officer or person be not nominated to be the defendant."