Nirmal Kujur v. Aditya Sendur

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 480 of 2017

1. Nirmal Kujur S/o Manohar Kujur, Aged About 59 Years President Of The Board Of Chistion Community Church, Sector 06, Bhilai, District Durg Chhattisgarh.

2. Girish Kumar, S/o Late G. Kumar, Aged About 59 Years Vice President Of Board Of Cristian Community Church, Sector 06, Bhilai, District Durg Chhattisgarh.

3. Arpan Tarun, S/o Late H. Ram, Secretary Board Of Cristian Community Church, Sector 06, Bhilai, District Durg Chhattisgarh.

4. Alok Seril Prakash, S/o Late Sajjan Prakash, Treasurer Of Board Of Cristian Community Church, Sector 06, Bhilai, District Durg Chhattisgarh.

5. Paster Adison Sagar, S/o Late Shurend Sagar, Aged About 49 Years Executive Member Of Board Of Cristian Community Church, Sector 06, Bhilai, District Durg Chhattisgarh.

6. Smt. S. J. Fish, Aged About 72 Years Executive Member Of Board Of Cristian Community Church, Sector 06, Bhilai, District Durg Chhattisgarh.

7. V. K. Jagdalla S/o Samuel Jagdalla, Aged About 49 Years Executive Member Of Board Of Cristian Community Church, Sector 06, Bhilai, District Durg Chhattisgarh. ....... Defendants ---- Petitioners

Versus

1. Aditya Sendur S/o Late Jacob Milap Sandur, Minister Of Religion And Member Of Board Of Cristion Community Church, Sector 06, Bhilai, R/o House No. 10, Road No. 37, Sector 04, Bhilai Nagar, Police Station Sector 03, Bhilai Bhatti, Tahsil And District Durg Chhattisgarh....Plaintiff

2. State Of Chhattisgarh, Collectorate Durg, District Durg (Chhattisgarh) ..... Defendant No.8 ---- Respondents For Petitioners : Mr. Jitendra Gupta, Advocate. For Respondent No. 2/State : Mr. S. Majid Ali, PL for the State. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/08/2017

(1) The petitioners' objection that the suit is not maintainable, has been dismissed by the trial Court by the impugned order. (2) Counsel for the petitioner submits that the petitioners have not made specific objection that the suit of the plaintiff is barred specifically or impliedly in view of Section 32 of the Societies (Registration) Adhiniyam, 1973.

(3) I have heard learned counsel appearing for the petitioner. (4) The petitioner is at liberty to raise specific objection and in turn if the said objection is raised, clearly averring the facts, trial Court would frame issue in this regard and decide the same in accordance with law. (5) With the aforesaid observations, the writ petition stands disposed of.

Sd/- (Sanjay K. Agrawal) Judge D/-