In Brief
This appeal concerns whether a registered charitable society can prosecute a property dispute suit as a 'representative suit' under the Code of Civil Procedure. A society claimed ownership of land purchased in 1951 and sought to cancel a 1978 sale deed executed by the branch president. The lower courts allowed the suit without examining whether a juristic person (society) can file a representative suit and whether the facts satisfied those requirements. The Supreme Court held that fundamental questions of jurisdiction must be decided in their proper perspective, and remanded the case to the trial court to examine these issues before deciding the suit on merits."
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