3 Signature Not Verified The appellant plaintiff is a charitable institution Digitally signed by MAHABIR SINGH Date 2019.04.04 incorporated under the Indian Companies Act, 1913 and manages a 133442 IST Reason health resort at Ranchi which is known as Marwari Arogya Bhawan.
That application was also allowed on 21st November, 2011.
Alleging that the respondent has number paid the maintenance charges, the appellant plaintiff issued a legal numberice through its advocate on 19 th August, 1987, calling upon the respondent to make payment of Rs.20,900/ and further calling upon him to vacate the companytage quarter.
According to the appellant plaintiff, there are several residential companytages and also rooms.
Case of the appellant plaintiff is that the respondent defendant was granted licence to occupy a residential companytage w.e.f.
In the said order dated 8th September, 2010, the Trial Court has passed a detailed order for receiving those documents.
An application filed by the respondent plaintiff under Order IX Rule 13 C.P.C. for setting aside the ex parte decree and restoring the suit in its original number, was dismissed by the Trial Court on 18 th December, 1995.
Thereafter, the suit was again transferred from Sub Judge Court NO.VII to Sub Judge Court NO.V. Before Sub Judge Court NO.V, the appellant plaintiff filed a number of applications including the application under Order VII Rule 14 3 C.P.C. to file the documents which were filed along with the plaint and said to be number traceable.
Both the orders, namely, 18th September, 2010 and 21st November, 2011 were challenged by the respondent defendant in Writ Petition No.430 of 2012 which came to be allowed by learned Single Judge, as pointed out in para 2 above.
After issuing the numberice, the appellant plaintiff filed an Eviction Title Suit NO.5 of 1991 before the Court of the Subordinate Judge at Ranchi.
Admittedly, the suit was originally filed before Sub Judge Court NO.V but after restoration, the same was placed before Sub Judge Court No.
It appears that during the transit, the documents filed along with the plaint were either missing or number traceable.
According to the appellant plaintiff along with the plaint certain documents were filed about which clear reference was made in the plaint.
V on 8 th September, 2010 permitting the applicant to file the documents which were filed along with the plaint, namely, i Copy of original application dated 4th August, 1982 executed by the respondent defendant ii Copy of the Advocates Notice dated 19th August, 1987 and iii Copy of Registration Receipt for the above numberice dated 19th August, 1987.
Subsequently, the appellant plaintiff has filed another application under Order VII Rule 14 3 C.P.C. praying for filing the original Power of Attorney executed by the plaintiff Society in favour of Ramnandan Prasad.
The said application was allowed by the Sub Judge Court No.
4th August, 1982 for which he was liable to pay maintenance charges at the rate of Rs.500/ per month and the electrical charges at the rate of Rs.100/ per month and other establishment charges.
Thereafter, the respondent plaintiff preferred another appeal before the Appellate Court which was allowed and the ex parte decree dated 24th September, 1992 was set aside and the restored to its original number.
The said suit was decreed ex parte by the Trial Court on 24th September, 1992.
This appeal arises out of judgment and order dated 24th April, 2018 passed by the High Court of Jharkhand at Ranchi in Writ Petition C No.430 of 2012 in and by which learned Single Judge of the High Court set aside Orders dated 8th September, 2010 and 21st November, 2011 thereby setting aside the order passed by the Trial Court to receive the additional documents, namely, the Power of Attorney dated 11 th January, 1990 executed by the General Secretary of the plaintiff Marwari Relief Society.
The person who is availing the facility in the said Society is granted leave and licence to occupy a designated companytage room on payment of maintenance charges and other establishment charges like electricity charges etc.
BANUMATHI, J. Leave granted.
Be it numbered that Order dated 8th September, 2010 was number challenged then and there by the respondent defendant.
