SHRIRAM CHITS P LTD Vs. M A SABER

JUDGEMENT

(1.) PETITIONER 's plaint S.R.No. 7152 of 2011 was returned by the learned Senior Civil Judge, Khammam, unnumbered by order dated 21-02-2012 on the ground that the civil Court is divested of jurisdiction in view of Section 85 of the Chit Fund Act, 1982 (Central Act 49 of 1982).

(2.) PETITIONER 's specific case in the plaint is that the petitioner chit came to be registered on 15-09-2008 under the A.P. Chit Fund Act, 1971 and defendant No.1 approached the plaintiff on 4-11-2008 and joined in the chit Group No. SZOI-14 for a value of Rs.5,00,000.00 as per agreement dated 04-11-2008.

(3.) DOCUMENT No.10 filed along with the plaint is the Bye-law No.207/08-09 and form No.1, which is accompanied by certificate of registration, shows that the bye-law of the petitioner was registered as per Section 3 of the A.P. Chit Fund Act 1971 read with Rule 5 of the A.P. Chit Fund Rules, 1971. The application for such registration was made on 22-08-2008 and the bye-law is accordingly registered on that date, which is admittedly prior to the commencement of the Central Act, referred to above. Section 90 of the Central Act, which deals with repeals and savings, particularly, sub-clause (2) thereof provides as follows: