MANASI SAHAY THAKUR Vs. MADAN LAL SHARMA

JUDGEMENT

(1.) The instant revision petition reflects dismal picture, where the subordinate courts without even caring to go through the contents of the plaint(s), especially with regard to its maintainability, not only entertain such suits, but randomly issue notices to the opposite parties, thereby compelling them to incur unnecessary and otherwise avoidable expenses in defending such litigation(s) and making them unnecessary go through the ordeal and agony of a full fledged trial. Not only this, at times, the appeals arising out of such frivolous and otherwise not maintainable litigation(s) are carried forward not only to the first appellate court, but examples are not wanting, where such kind of cases have even reached the Honourable Supreme Court.

(2.) The background of this case is that the respondent (hereinafter referred to as the "plaintiff") had filed three appeals under the Right to Information Act, 2005 ( for short, R.T.I. Act) before the petitioner (hereinafter referred to as the "defendant"), who being the then Deputy Commissioner was exercising the powers of an appellate authority under the R.T.I. Act, and the same were decided vide order dated 23.7.2015. The plaintiff thereafter issued a legal notice to the defendant stating therein that the latter, while exercising the powers of an appellate authority under R.T.I. Act, had denied the plaintiff's right to engage a counsel and, therefore, she was liable to pay damages to the tune of Rs.1,00,000.00 along with interest @ 15% till the realization of payment along with the legal notice fee to the tune of Rs.2200.00.

(3.) The defendant responded to the legal notice by filing a reply, however the reply did not deter the plaintiff from filing the suit for recovery of the aforesaid amount, which he did before the learned trial court. The defendant, after putting in appearance before the learned trial court, filed an application under Order 7 Rule 11(d) Civil Procedure Code for rejection of the plaint as the same was barred under law.