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july 1987

Supreme Court of India · 1987-07-15

BAL NIKETAN NURSERY SCHOOL vs KESARI PRASAD

Citation / case number
SC 1987/71033
Court
Supreme Court of India
Petitioner
BAL NIKETAN NURSERY SCHOOL
Respondent
KESARI PRASAD
Author
S. NATRAJAN
Bench
S. NATRAJAN

Judgment text excerpt

The Supreme Court held that the appellant school, recognized under the U.P. Basic Education Act, 1972, possesses juristic status and is competent to file suits through its manager, who is also the secretary of the Registered Society. The Court emphasized that a bona fide mistake in naming the plaintiff can be rectified under Order 1 Rule 10 of the Code of Civil Procedure to promote justice. The Court allowed the appeal, overturning the High Court's decision that deemed the suits non-maintainable, affirming the appellant's right to initiate actions against tenants for recovery of rent and possession.

BAL NIKETAN NURSERY SCHOOL vs KESARI PRASAD · Niyam