O R D E R
This CRP is filed against the order dated 21.11.2022 passed by LVII Additional City Civil and Sessions Judge mayo hall unit, Bengaluru in O.S.No.26140/2015.
2. The petitioner is one of the owners of Eden Hall Apartments Condominiums. Respondents have filed a civil suit in O.S. No. 26140/15 to recover the arrears of maintenance charges. The petitioner denied his liability to pay the arrears in his written statement and filed an application for rejection of plaint under order VII Rule 1(d) for non compliance of order I Rule 8 of CPC. The trial court dismissed the application. Hence, this petition.
3. Learned counsel for petitioner submits that there is no provision in the Karnataka Apartment Ownership Act, 1972 [for short 'the Act'] empowering an association of apartment owners to sue or be sued on behalf of other members. Section 2(d) of the Act defines "association of apartment owners" as all the apartment owners acting as a group are in accordance with bye laws and declaration. Hence, he submits that the suit filed by the respondent is barred for non-compliance of order I Rule 8 of CPC which specifies that, where there are numerous persons having same interest in one suit, one or more such persons may with the permission of the court sue on behalf of all persons so interested.
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4. Learned Counsel for Respondent submits that it is a registered association under the provisions of the Act, and is represented through its authorized representative. She further submits that section 7 of the Act entitles the association to recover sums due from the apartment owners.
5. Heard learned counsel for the parties.
6. It is alleged in the plaint that the petitioner has not paid the maintenance charges and the suit is filed to recover the arrears of charges. It is not in dispute that the plaintiff - Association is registered under the Karnataka Apartment ownership Act, 1972.
7. It is settled law that unregistered Association is not a legal entity and an unregistered Association can file a suit by all the members of the Association and one member can maintain a suit on behalf of all the members having same interest in the suit only with the permission of the Court in the representative capacity under Order 1 Rule 8 of CPC.
8. Section 7 of the Act, 1972 deals with the compliance with covenants, byelaws and administrative provisions and specifies that each apartment owner shall comply with the byelaws and the covenants, conditions and restrictions set forth in the declaration and failure to comply shall be a ground for an action to recover the sum due for damages or injunctive relief or both maintainable by the manager or board of manager on behalf of the Association of Apartment owners.
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9. The plaintiff - Association has submitted to the provisions of the Act, 1972 by duly executing and registering a declaration as specified under Section 2 of the Act, 1972. There is no requirement for registration of the Association under any other provisions of law except under the Act, 1972 nor the Act requires registration of the Association under any other provisions of law.
10. Section 7 of the Act, 1972 clearly specifies that the Association can initiate action for recovery of the dues by the Association of Apartment Owners which has submitted to the provisions of the Act, 1972 by executing and registering a declaration. In the absence of any provision in the Act 1972, requiring the permission of the Court to institute a suit by the Association, the contention of the defendant that the suit filed by the plaintiff is not maintainable is without any substance.
11. I do not find any illegality in the impugned order passed by the Trial Court. Accordingly, I pass the following:
ORDER
i. Revision petition as dismissed.
Sd/-
JUDGE
BKM
List No.: 1 Sl No.: 26