M.SANJAY KUMAR Vs. SHANTA EDUCATIONAL SOCIETY

JUDGEMENT

(1.) The interesting conundrum in this petition filed under Article 227 of the Constitution of India is, whether the principle of "nip in the bud" can be applied in a proceeding pursuant to an application filed under Sec. 23 of the Telangana Societies Registration Act, 2001 (for short 'the Act'). Putting it differently, whether the application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short 'CPC') was maintainable in the proceedings under the Act and whether the trial Court was justified in rejecting the plaint by order dtd. 20/3/2024 in I.A.No.1676 of 2023 in S.O.P.No.10 of 2023.

(2.) The petitioner filed the application with the following prayer:

(3.) Upon receiving notice, the Society entered appearance and filed an application under Order VII Rule 11 of the C.P.C. for rejection of the plaint. In turn, the petitioner filed his counter. After hearing both the parties, the Court passed impugned order dtd. 20/3/2024 and rejected the plaint.