Separate legal existence of a registered society upheld, with corporate capacity to sue and be sued recognised.

A society registered under the Societies Registration Act is treated as a corporation with a legal existence separate from its members, and it may sue and be sued in its own corporate capacity. On that basis, the objection that it lacked corporate status was rejected, and the lower court's view on the effect of Act IV of 1938 was upheld. The society therefore remained capable of being regarded as a corporation for the relevant legal purpose.

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Issues: Whether a society registered under the Societies Registration Act is a corporation with a separate legal existence capable of suing and being sued in its own corporate capacity, so as to affect the applicability of Act IV of 1938.

Analysis: The registered society was treated as a corporation because the Societies Registration Act gives a society formed under it a legal existence distinct from its members and recognises its capacity to sue and be sued in that capacity. On that basis, the objection that it was not a corporation was rejected, and the view of the lower Court on the effect of Act IV of 1938 was upheld.

Conclusion: The society is a corporation with separate legal existence and corporate capacity, and the petition fails.

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