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CS Professional · CSR and Social Governance · Societies and Trusts

Sunrise Educational Society is registered under the Societies Registration Act, 1860. Its rules do not say in whose name the society may sue or be sued. A supplier wants to recover dues and applies to the governing body, which does not nominate anyone as defendant. What does the Act provide?

The supplier may sue the president, chairman, principal secretary or the trustees of the society. Where the rules are silent and the governing body, on application, does not nominate another person as defendant, the proviso to the Act's provision on suits permits this course.

  1. AThe society can be sued only through the Registrar of Societies
  2. BThe supplier may sue the president, chairman, principal secretary or the trustees of the societyCorrect
  3. CThe suit must be filed against every individual member of the society
  4. DNo suit lies against a registered society

Explanation

Under section 6, a society sues or is sued in the name determined by its rules, and in default in the name of the person appointed by the governing body for the occasion. The proviso lets a claimant sue the president, chairman, principal secretary or trustees if, on application, the governing body does not nominate another person as defendant. So the supplier may sue those office-bearers.

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