B HIRJI Vs. B T SHAPOORJI
LAWS(ALL)-1960-11-1
HIGH COURT OF ALLAHABAD
Decided on November 25,1960

B.HIRJI Appellant
VERSUS
B.T.SHAPOORJI Respondents

JUDGEMENT

J.D.Sharma, J. - (1.) This is a plaintiffs' appeal under Section 6A, Court-fees Act against an order dated the 31st July, 1956 of the learned Civil Judge, Allahabad, holding that the court-fee paid by the plaintiffs was insufficient. The plaintiffs claimed the following reliefs : 1. That it may be declared that the entire proceedings of the meeting of 14-2-1952 including the resolutions passed therein are illegal, ultra vires and mill and void as regards the Mandli which is neither wound up by them nor can be wound up for any reasons whatsoever (valued at Rs. 5,000).
(2.) That the defendants be restrained front interfering with or obstructing in any manner whatsoever the plaintiffs in their use and enjoyment of the "Bazam Gandhi Hall" property belonging to the Mandli as members thereof (valued at Rs. 200). 2. The plaintiffs' case, in brief, was that the parties were the members of a Socio-Religious Association called the Bazame Jashane Roze Bahrain Mandli, which is popularly known as the Mandli; the Association owned a hall known as Bazam Gandhi Hall situate at 7, Canning Road, Allahabad. On the 14th February, 1952 some of the defendants passed certain resolutions for winding up the Mandli which they had no right to do. The entire proceedings of the meeting were mala fide and null and void.
(3.) The plaintiffs paid a court-fee of Rs. 18/12/- on relief No. 1 and Rs. 50/- on relief No. 2.;


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