Madhya Pradesh High Court
New Education Society vs Charan Singh Chopra on 3 April, 2017
CR-140-2017
(NEW EDUCATION SOCIETY Vs CHARAN SINGH CHOPRA)
03-04-2017
Shri Rakesh Pandey, learned counsel for the
applicant.
Heard on admission as well as I.A. No. 4047/2017.
Learned counsel for the applicant submits that
earlier the applicant had visited against the order dated
17.12.2016 passed by the trial Court, whereby his
application under Order 7 Rule 11 was rejected on the
ground that issue of question of maintainability of the suit
in absence of any permission by Registrar of the of the
Society under section 21 of the Madhya Pradesh Societies
Registrikaran Adhiniyam, 1973 can only be decided after
the evidence. This Court in C.R. No. 519/2014 by order
dated 28.09.2014 set aside the said order and directed
that the said objection would be raised as a preliminary
issue and the same will be decided, as no evidence is
required to be led in that regard as it is a purely question
of law.
It is also submitted that despite the specific
averment that there is no permission from the Registrar
under Section 21 of the Act, 1973 raised in the objection
(Annexure/A-3) and there is no denial to the said
contention, the learned trial Court has again dismissed
the said application on the same ground that the said
issue can not be decided as a preliminary issue.
Considering the aforesaid, issue notice to the
respondents on payment of process fee within 7 days,
failing which the application shall stands dismissed without reference to the Court.
Till the next date of hearing proceedings of Civil suit No. 166-A/2013 pending before the 6th Civil Judge, Class- II, District Jabalpur shall remain stayed.
List the matter alongwith C.R. No.141/2017, C.R. No. 142/2017, C.R. No. 143/2017, C.R. No. 146/2017, C.R. No. 147/2017, C.R. No. 150/2017 and C.R. No. 138/2017.
C.C. as per rules.
(NANDITA DUBEY) JUDGE rss