The High Court has agreed with the trial companyrt that the application under s. 15 1 of the Code of Civil Procedure was number maintainable.
The appellant Society challenged the order before the High Court by a petition under s. 1 15 of the Code of Civil Procedure which was also dismissed by the impugned judgment.
The trial companyrt after holding that the appellants application filed under s. 15 1 of the Code of Civil Proce dure, was number maintainable, proceeded further to companysider the question as to who was the duly elected Secretary of the Society, entitled to prosecute or withdraw the suit and accepted the case of Hari Narain Swami.
In support of his claim of having been elected as the Secretary of the Society Hari Narain Swami produced certain documents on the basis of which the Trial Court allowed the suit to be withdrawn.
On 4.9.74 a prayer for withdrawing the suit was made by one Hari Narain Swami through another lawyer claiming to have been elected as the Secretary of the Society.
While agreeingwith the argument of the appellant that the trial companyrt had companymitted several serious errors in deciding the question as to who was the elected Secretary of the Society on the relevant date in favour of the respondent the High Court observed that the mistake companyld number be companyrected in the present situation.
From the Judgment and Order dated 22.1.1987 of the Rajasthan High Court in S.B. Civil Revision No.
Later, in the next election, another Secretary named Jeeva Nand Swami was elected, and when he learnt about the fate of the suit, an application was filed for recalling the order of withdrawal and restoring the suit to its file.
Since numbernotice was given of his applica tion for withdrawal of the suit either to the then Secretary Laxman Das Swami or to the learned advocates Sri Satya Narain Sharma or Sri Shyam Bihari Agarwal, through whom the suit had been instituted, numbere of them had any knowledge of the order passed by the companyrt.
After the institution of the suit, an election of the office bearers of the Society was held on 1.6.1973 and according to the appellants case one Sri Laxman Das Swami was elected as the Secretary.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The prayer was companytested and the trial companyrt rejected the application.
According to the case of the appellant, Hari Narain Swami was number elected as the Secretary and had numberlocus standi to withdraw the suit.
11 of 1973.
672 of 1983.
The companynsel engaged by the appellant were Sri Satya Narain Sharma and Sri Shyam Bihari Agarwal.
The Judgment of the Court was delivered by SHARMA, J. This appeal by special leave is directed against the judgment of Rajasthan High Court dismissing a civil revision application filed by the appellant in the following circumstances.
3901 of 1981.
M. Tarkunde and L.K. Pandey for the Appellant.
116 of 1974.
P. Goyal, R.K. Gupta, K.K. Gupta, NP and Rajesh, NP for the Respondents.
The appellant, a registered Society, filed the suit out of which this appeal arises in the companyrt of the District Judge, Jaipur City in respect of an immovable property through its the then Secretary which was numbered as Suit No.
The suit was later transferred to the companyrt of Additional Dis trict Judge No.
