VAN VIBHAG NIRMANS Vs. POONAM CHAND

JUDGEMENT

(1.) By the Court. Applicant/defendant has directed this revision against order dated. 9.8.2000 passed by the 6th Additional District Judge, Indore in C.S. 12-a/98 thereby directing registration of the suit on the application of non-applicant No. 1 to 9 (plaintiffs) in place of M.J.C. 12/98 registered on the application under Section 94 of the CPC for grant of urgent relief.

(2.) Facts of the case in brief are that Non-applicants 1 to 9 (plaintiffs) have filed an application under Section 94 of the CPC for grant of urgent relief of injunction without filing the suit as the statutory period contemplated under Section 80 (1), CPC r/w Section 94 of the M.P. Co-operative Societies Act was not complete. In reply to the application filed under Section 94 an objection was raised on behalf of the petitioner that alongwith said application, a draft plaint is not filed. In reply to aforesaid objection on behalf of non-applicant 1 to 9 (plaintiffs) a draft plaint was filed in the trial Court on 28.9.1990 and the case was thereafter heard on the application filed under Section 94 of CPC. The said application is still pending and no orders have been passed as yet. An application was filed on behalf non-applicant plaintiffs under Section 151. CPC for registration of civil suit on the basis of draft plaint filed by non-applicant plaintiffs on 18.9.1998 for converting MJC into regular civil suit. Learned trial Judge by the impugned order allowed the said application and registered regular civil suit on the basis of draft plaint filed on behalf of plaintiffs on 28.9.1998 during the pendency of application filed under Section 94 CPC. Aggrieved of the said order of trial Court present applicant/defendant has filed this revision.

(3.) I have heard the learned counsel appearing for the respective parties and also perused the record.