GIRDHARI LAL RAINA Vs. VED MANDIR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BRIEF facts, giving rise to this revision petition, are that a suit came to be filed on behalf of respondent No.1 Ved Mandir (hereinafter referred to as the plaintiff) against the petitioner as well as respondent No.2 (hereinafter referred to as the defendant) for eviction, as well as for recovery of money etc. This suit was initially filed in the name of the plaintiff through its Secretary. It is not in dispute that plaintiff is a society registered under the societies Registration Act. That being so, suit by or against the society can either be instituted under Section 6 -A or as determined by the Rules of the society.

(3.) AFTER written statement had been filed by the defendants, a specific objection was raised to the effect that suit as per bye -laws of the society can only be filed through its President and not by Secretary, as was originally instituted. Faced with this situation, as well as in view of the provisions contained in its constitution, plaintiff filed an application under Order I Rule 10 Code of Civil Procedure for substitution of the President in place of the Secretary, which application was allowed by the trial court, hence this revision at the instance of one of the defendants.