RAKESH BHARDWAJ Vs. JAI GUPTA

JUDGEMENT

(1.) Vide the present petition, the petitioner assails the impugned order dated 24.04.2018 of the ADJ-05, South, Saket, New Delhi in CS No. 9190/16 whereby an application under Order VII Rule 11 CPC filed by the applicant herein as defendant thereof was declined, it having been observed inter alia to the effect that for deciding the said application in the CS No. 9190/16, the plaintiff has specifically averred that the allegations made against him are defamatory per se. It was also observed vide the said impugned order that the plaint disclosed a cause of action on the basis of contents therein and that it was to be proved by the defendant i.e. the applicant / petitioner during the trial that the plaint did not give rise to a cause of action and that the plaint could not be summarily rejected.

(2.) Copy of the petition that has been filed by the respondent to the present petition to whom so far no notice has been issued the said suit filed by the respondents to the present petition, arrayed as the plaintiff, to the suit in CS No. 9190/16 indicates that itself seeks damages of Rs. 20 lakhs alongwith future interest @ 12% per annum apart from costs.

(3.) According to the averments made in the said plaint, the defendant i.e. the present petitioner herein was appointed as the President of an illegally formed / unregistered and sham RWA named "Sheikh Sarai, Phase-I, MIG Flats Owners Association" which was neither registered nor registered under the Societies Registration Act and was a non-entity.