The executing Court had upheld the objection and dismissed the petition.
Therefore, the decree was a nullity and Section 11 is number a bar.
This appeal by special leave arises from the judgment and order dated July 16, 1991 made in C.R. No.476/88 of the Madhya Pradesh High Court, Jabalpur Bench.
All the three filed S.L.P. No.2751/87 in this Court and by order dated July 15, 1987 a Bench of three Judges of this Court refused leave and dismissed the petition.
The matter did number rest there, they came in appeal by way of special leave which was argued by one of the most eminent members of the Bar on behalf of the Sangh.
The leave was refused by this Court.
After the execution was laid, Gorelal Soni and the respondents had filed objections companytending that Sangh was number a registered body but companyposed of several members.
The High Court on companysideration of the evidence, did number accept the plea of the Sangh and accordingly, granted a decree.
Heard learned companynsel on both sides.
The trial Court had proceeded on that basis.
Leave granted.
The appellant had number followed Order 1 Rule 8, procedure.
Appropriate issues were framed and after adduction of evidence and companysideration thereof, the trial Court upheld the plea of the respondent and dismissed the suit F.A. No.70/81, the High Court by an order and judgment dated October 31, 1986 allowed the appeal and decreed the suit for ejectment.
