Suit by committtee of society

rajvinder singh (Querist) 20 February 2013 This query is : Resolved
whether a suit can be filed on behalf of residents of a locality by committee of society or turst if the cause of action is affecting the all residents of the locality

or only the representative suit has to be filed after getting permission from the court.

or
whether an application can be filed under order 1 rule 8 after filing of the suit?

Follow Query

Report Abuse

rajvinder singh (Querist) 20 February 2013
the society is a registered society

prabhakar singh (Expert) 20 February 2013
A registered society or a registered trust is also treated as juristic person for it self,it is an entity of individual ;it can not claim to be self imposed representative of all general public who are not it's members.

Hence for facts stated only a representative
suit can be filled with PRIOR PERMISSION OF THE COURT.

rajvinder singh (Querist) 20 February 2013
sir similarly an association if it is registered whether can file the suit

Raj Kumar Makkad (Expert) 20 February 2013
An association of persons is also a jurisdic person competent to file a suit on behalf of its members.

rajvinder singh (Querist) 20 February 2013
can court give exparte temporary injunction also against the defendants along with the permission to file the suit in representative character

Raj Kumar Makkad (Expert) 20 February 2013
A suit filed by a jurusdic person or a natural person has same consequences so even temporary injunction can also be sought in such way.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now