Karnveer Singh Vs Panji Lal Damor And Ors

Rajasthan High Court 29 Jan 2020 Civil Writ Petition No. 14647 Of 2019 (2020) 01 RAJ CK 0257
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Civil Writ Petition No. 14647 Of 2019

Hon'ble Bench

Arun Bhansali, J

Advocates

B.S. Deora, K.P.R. Deora, J.M. Choudhary

Final Decision

Dismissed

Acts Referred
  • Code Of Civil Procedure, 1908 - Order 39 Rule 1, Order 39 Rule 2

Judgement Text

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In view thereof, apparently the action of the General Body in its meeting dated 24.04.2016 in expelling members was ex facie beyond its powers.",

Further, it is surprising that the Secretary appears to have issued notices to the Chairman â€" Punjilal Damor, Deputy Chairman â€" Bharat Damor",

and Member Amritlal Damor and has sought explanation from them. The said action of the Secretary also is apparently beyond his powers as,

conferred under Clause-(15) of the Constitution, which were very limited.",

The plea raised that as the respondents themselves were part of the Managing Committee and, therefore, the action was initiated by the General Body",

also cannot be countenanced in absence of any such decision taken by the General Body Meeting to issue notice to respondents, seek their",

explanation and then take decision on such explanation.,

In view of the above fact situation, irrespective of the fact as to whether the Sub-registrar had the power to hold passing of resolution as illegal, the",

material available on record clearly indicates that the action of expelling the respondents is prima facie not sustainable.,

In view of the above fact situation, the order passed by the appellate court does not call for any interference. The writ petition filed by the petitioner",

has no substance, the same is, therefore, dismissed.",

It is made clear that the observations made herein are only for the purpose of disposal of the present writ petition, which has arisen out of an",

application filed under Order XXXIX, Order 1 & 2 CPC and, therefore, the observations made being only prima facie the same would not affect the",

final outcome of the suit and the trial court would be free to come to an independent finding based on the evidence led before it alongwith material,

available on record.,

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