Civil revision
sudhirghabasu
(Querist) 05 February 2012
This query is : Resolved
dear learned panel of experts, my heart felt wishes.
My query is:- A registered society had filed a suit against us under specific performance for registration of sale deed. society is the plaintiff and we are an individual and we are the defendants in the suit. the suit was decreed infavour of the plaintiff society. Subsequently the plaintiff society had file a n E.P., while the E.P. is in pending the society was disolved, so we filed a petition under section 47 stating that had the society is dissolved there is no person in existence. But, sec. 47 application was dismissed, we preferred a C.R.P., against the order of dismissal. Now, my question is when a person,corporate body or society is not in existence than on whose name the said sale deed can be executed. this is my major ground in C.R.P., the stand taken by the respondents is even than the sale deed can be registered in name of the society which is formed subsequently by them. Please guide me, also give me some relevant citations. thank you in anticipation
adv. rajeev ( rajoo )
(Expert) 05 February 2012
I agree with you, when society is not having any existence how come sale deed would be executed in favour of the society?
V R SHROFF
(Expert) 05 February 2012
In case Society is dissolved, get a certificate from Asst Registrar, that now no Society exists, and accordingly EP fails.
prabhakar singh
(Expert) 05 February 2012
YOU ARE RIGHT IN YOUR VIEW AS THE DECREE HAS BECOME INCAPABLE OF EXECUTION.
Devajyoti Barman
(Expert) 05 February 2012
The decree would not become infructouous. The Decree Holder may apply to the court to appoint its own officials who would represent the erstwhile Society and get the deed registered.
This is the recourse in this type of matters when decree is passed ex parte.
Chanchal Nag Chowdhury
(Expert) 05 February 2012
If there is no plaintiff, U should bring it to the notice of the trial court with the relevant evidence. The suit will be dismissed.The C.R.P. may be withdrawn as not-pressed.
Kirti Kar Tripathi
(Expert) 05 February 2012
If nobody is to press execution, after the dissolution of society, the execution would be automatically abated.
sudhirghabasu
(Querist) 06 February 2012
sirs, thanks for your kind replies, i had searched in rishabdhara and other sites for a relevant judgement or citation but i am not able to find one. it will be great full to you if your goodselves would help me with some citation which are relevant to my case. thank you
