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MASIHI SEWA SAMITI versus GEORGE LAZAR, PRESBYTERIAN IN

High Court of Punjab and Haryana, Chandigarh

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Masihi Sewa Samiti v. George Lazar, Presbyterian in-charge, CN - CR-1477-2005 [2006] RD-P&H 10054 (7 November 2006)

C.R.1477 of 2005 [1]

HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.R.1477 of 2005

Date of decision : 14.11.2006.

Masihi Sewa Samiti ........Petitioner

versus

George Lazar, Presbyterian in-charge, CNI Church .......Respondents CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA.
Present : Mr.S.M.Sharma, Advocate for the petitioner.

Mr.Hemant Bassi, Advocate for the respondents.

* * *

ORDER

HEMANT GUPTA, J. (Oral)

The plaintiff is in revision petition aggrieved against the order passed by the learned First Appellate Court on 8.2.2005, whereby it was held that the plaintiff does not have any locus standi to file the present suit and that the suit is not maintainable.

The plaintiff alleged itself to be a registered society. It has been further alleged that it has been constituted to look after and to save the properties of the Mission situated at Ambala City and to look after the objects of the Mission, having its bye-laws and regulations. The mission has been sought to be explained by the petitioner in para-3 of the memorandum of revision, wherein it has been stated that the Commission of Ecumenical Mission and relations of the United Press Presbyterian Church in the United States of America is a body corporate established for the purpose of conducting, carrying on and maintaining all forms of Christian and Charitable work outside the area of United States of America. The Commission was also having a hospital known as Mission Hospital, Ambala and the School in its compound alongwith the Church and for other lands C.R.1477 of 2005 [2]

and vacant properties in the Church compound.

The plaintiff alleges to be constituted to look after and to save the properties of the Mission. The said Mission is itself a body corporate, as alleged by the plaintiff-petitioner. Therefore, the plaintiff-petitioner has been rightly found not to have any locus standi to file the present suit. It is for the body corporate to initiate action to protect its property or to take any action which is relevant, but a self styled society has been rightly found not competent to file a suit claiming injunction restraining the defendants from destroying the nature of the property of the School at Ambala City.

I do not find any illegality or irregularity in the order passed by the learned First Appellate Court, which may warrant interference by this Court in its revisional jurisdiction.

Dismissed in limine.

(HEMANT GUPTA)

November 14, 2006 JUDGE

*mohinder


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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