In The High Court Of Judicature For Rajasthan Bench At Jaipur. SB Civil Second Appeal No.59/09 A.S.Naqvi v. Omendra Bharadwaj & others Date of order March 23, 2009 Hon'ble Justice JR Goyal Mr. SS Hasan, for appellant None for respondents This second appeal under S.100 CPC has been preferred by the appellant- plaintiff against the judgment and decree dated 25.10.08 passed by Additional District Judge No.2, Jaipur City, Jaipur in Civil Regular Appeal No.70/08, whereby the judgment and decree passed by trial court has been set aside. Plaintiff filed a suit for declaration of permanent injunction with the averments that he is the General Secretary of Rajasthan Taekwondo Association. He participated in the National Open Taekwondo Sports Meet from 3rd to 5th May 2001. He is going to organise State Level Taekwondo Competition from 17th to 18th August 2001 wherein a team shall be selected for the National Taekwondo Sports Meet, which is to be held on 6.9.2001 at Selam City in Tamil Nadu. It has further been averred that it has come to his notice that defendant no.1 Omendra Bharadwaj, a self declared Secretary, is going to organise State Level Taekwondo Competition on 17th and 18th August 2001 at Sawai Man Singh Stadium, for which he has no authority. Therefore, a prayer has been made to declare that the plaintiff is the duly elected General Secretary of the Association and only person competent to hold the Sports Meet, with a further prayer that the respondent be restrained from holding the Sports Meet with the Banner of Rajasthan Taekwondo Association on 17th and 18th August 2001. Despite of service, respondents did not appear. The trial court after examining the plaintiff, ex parte decreed the suit in favour of the appellant-plaintiff. Against the ex parte decree, appeal preferred by the defendant has been allowed and hence this appeal has been filed by the plaintiff. Heard learned counsel for the appellant on the point of admission. The cause of action is in regard to the sports activities, which were scheduled to be held on 17th and 18th August 2001, also keeping in view the admitted position that elections are scheduled to be held every after four years, therefore, the cause of action now does not survive, the First Appellate Court allowed the appeal, in which I do not find any illegality or impropriety. No substantial question of law appears to be involved in this case, therefore, this appeal being devoid of any substance, is hereby dismissed in limine. (JR Goyal) J. db