NARINDER PRAKASH GUPTA Vs. AMIT KUMAR

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, petitioner has assailed the order dtd. 31/5/2024 (Annexure P-l) passed by learned Civil Judge (Sr. Divn.), Gurugram, whereby his application under Order 7 Rule 11 CPC for rejection of the plaint in Civil Suit No.1601 of 2024 titled as "Amit Kumar and another v. Narinder Prakash Gupta and another", has been dismissed.

(2.) A perusal of the paper book would reveal that based upon an agreement to sell dtd. 4/2/2016 in respect of Flat No.416 (Share Certificate No.52 dtd. 5/5/2012) in defendant No.2-Society (respondent No.3 herein), plaintiffs - Amit Kumar and Simla Yadav (respondent Nos.1 and 2 herein) filed a suit for declaration, specific performance and permanent injunction against defendant - Narinder Prakash Gupta (petitioner herein) and the Society. An application under Order 7 Rule 11 CPC was moved by defendant No.l to reject the plaint on the ground that jurisdiction of the Civil Court was barred in view of the provisions of Haryana Co-operative Societies Act, 1984 (hereinafter referred as 'the Act); that a petition filed under the provision of the said Act by defendant No.l was already pending before the Registrar, Cooperative Societies and that suit for declaration and specific performance without seeking possession was not maintainable. The said application has been rejected by the trial Court by way of impugned order.

(3.) It is contended by learned counsel that Sec. 102 of the Act to be read with Sec. 128 of the Act specifically bars the jurisdiction of the Civil Courts to entertain the suit against the Society and as such the suit itself was not maintainable, particularly, when the petition moved by the petitioner-defendant before the Registrar, Cooperative Societies was already pending.