ABHAY AGARWAL Vs. MAINA DEVO SURANA & ORS.

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the Order No. 22 dated 17th July, 2015 passed by the learned Civil Judge (Junior Division), 1st Court at Alipore, in Title Suit No. 339 of 2013, the defendant/petitioner has filed this revisional application under Article 227 of the Constitution of India.

(2.) According to the petitioner, the learned Court below failed to appreciate the position of law so far as under Order VI Rule 17 is concerned. He added that an application under Order VII Rule 11 of Code of Civil Procedure was pending before the Court below and without disposing of the same the learned Court below has allowed the application under Order VI Rule 17 and thereby frustrated the claim of the defendant/petitioner. He further argued that the dispute is related to Co -operative Housing Society and the present opposite party/plaintiff also filed an application before the said authority i.e. Registrar of Co -operative Societies, West Bengal for his redress vide Dispute Case No. 54/RCS of 2012 under Section 102 of the West Bengal Co - operative Societies Act, 2006, read with Rule 166 of the West Bengal Co -operative Societies Rules, 2011. He contended that the matter is sub -judice before the Registrar of Co -operative Societies, West Bengal, who is the competent authority as per Section 102 of the West Bengal Co -operative Societies Act.

(3.) His application under Order VII Rule 11 was filed on 10.02.2014 contending inter alia that the dispute case was instituted by the plaintiff for a declaration that the name of any other person included other than the legal heirs of deceased member in the Register of the Society is illegal and void. According to the present petitioner, unless the learned arbitrator decides the said dispute case in favour of the plaintiffs by granting the declaration as prayed for by the plaintiffs in the said dispute case, no cause of action accrues in favour of the plaintiff and further submitted that the learned Civil Court cannot pass any decree that the deed of conveyance executed and registered on 31.08.2007 is bad, since no cause of action arises.