ARUN MADAN, J. - (1.) This civil revision petition is directed against the order dated April 5, 1999 of the Additional District Judge No. 8, Jaipur City, whereby he quashed order dated March 4, 1999 of the Civil Judge (Jr. Div.) Jaipur City (West), who dismissed the 2nd application under Order 39 Rules 1 and 2 CPC filed by the plaintiff-respondent.
(2.) Manav Hitkari Sangh petitioner (defendant) is a charitable society duly registered under the Rajasthan Societies Registration Act, 1958. As per its aims and objects, the petitioner Society, has benevolent object so as to render service to mankind more particularly in the field of homeopathic medicine, It is totally a private society wholly dependent on the donation and funds received from the donors and the patients. It has one clinic at New Colony, Jaipur in a rented premises and another one of at Shyam Nagar, Jaipur. It has its own bye laws which contemplate powers of management and administration vested in the executive committee which has corresponding powers for creation and abolition of posts.
(3.) It is the case of the defendant that the society has been facing financial crisis since the year 1997-98 with a loss of Rs. 17,244/-. Therefore, on April 23, 1998 a meeting of its executive committee was held to discuss the financial and administrative problems, so also to discuss: (1) the liability of demand raised by the land and building tax department of Rs. 1,20,815.00, (2) urgent need for purchases of Indian and German Medicines whose stock had reduced considerably; (3) the urgent need of water proofing required for the Shyamnagar Hospital building which had been suffering damage due to water seepage in the previous years, and (4) about the decrease in the number of patients and the consequent fall of revenue at the New Colony clinic and in the evening shift at the Shyam Nagar clinic. ;