Rajasthan High Court - Jodhpur
Suresh Kumar Inani vs Inani Education And Research Instutute ... on 10 October, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:41674]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 493/2024
1. Suresh Kumar Inani S/o Shri Khyali Lal Ji Inani, Aged
About 68 Years, R/o Sukhsagar, 39-A, Kumbha Nagar,
Cittorgarh (Raj.).
2. Mahesh Kumar Inani S/o Shir Khyali Lal Ji Inani, Aged
About 65 Years, R/o Flat No. 203, Inani Residency Block-
1, Sukhshanti Nagar, Chittorgarh (Raj.).
----Appellants
Versus
1. Inani Education And Research Instutute, Chittorgarh,
Throught President 32-A, Kumbha Nagar, Chittorgarh
Tehsil And District Chittorgarh (Raj.). 1/a Inani Education
And Research Institute, Chittorgarh, Through President
Govind Gopal Inani S/o Shri Gordhan Lal Ji Inani, 32-A,
Kumbha Nagar, Chittorgarh Tehsil And District
Chittorgarh (Raj.)
2. Shri Ramesh Chandra Inani S/o Khyali Lal Ji Inani, Aged
About 71 Years, R/o 32-A, Kumbha Nagar, Chittorgarh
Tehsil And District Chittorgarh (Raj.).
3. Shri Harish Inani S/o Shri Gordhan Lal Ji Inani, Aged
About 55 Years, R/o Plot No. 8, Old Riico Industrial Area,
By Pass Road, Chittorgarh (Ex. Working President Inani
Education And Research Insitute, Chittorgarh).
4. New Sikar Academy Edu. Group Chittorgarh, Through Its
Honarary Director Dr. Prahlad Sharma Residence / Office
Inani Public School Bhawan, Segwa Housing Board
Colony, Village Senti, Chittorgarh.
----Respondents
For Appellant(s) : Mr. Suresh Charan
For Respondent(s) : Mr. Abhinav Jain for R/3
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
10/10/2024
Learned counsel for the appellant submits that the trial court
has committed grave error of law in dismissing the suit filed by
the plaintiff no.1 while allowing the application under Order 7 Rule
11 CPC. It is argued that the trial court has erroneously applied
[2024:RJ-JD:41674] (2 of 2) [CFA-493/2024]
the case of P. Nazeer Vs. Salafi Trust and Anr reported in 2022
Live Law (SC) 334 which are not at all applicable on the facts of
this case. It is argued that the learned trial court has erroneously
concluded that the suit against a registered society by the
member of society is not permissible whereas, a there is no bar
under the Societies Registration Act to file a civil suit against the
society.
Per contra, counsel for the respondent no.3 while relying on
the judgment of Hon'ble Supreme Court in the case of Shaji K.
Joseph Vs. V. Viswanath & Ors reported in (2016) 4 SCC 429 and
The Bengal Secretariat Cooperative Land Mortgage Bank and
Housing Society Ltd Vs. Sri laoke Kumar (Civil Appeal No.
7261/2022) dated 18.10.2022, argued that once a person
becomes a member of the Co-operative Society, he loses his
individuality with the society and he has not independent rights
except those given to him by the statute and bye laws.
Heard learned counsel for the parties.
The matter requires consideration.
Admit. Issue notice to respondent 1 & 2, returnable within
six weeks.
Call for record.
Meanwhile status quo as it exists today with regard to
properties of the society, be maintained.
(MANOJ KUMAR GARG),J
2-BJSH/-
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