SHOKAT ALI Vs. ABDUL JABBAR KHAN

JUDGEMENT

(1.) The present transfer petition has been filed by the petitioner under Sec. 24 of Code of Civil Procedure, 1908 seeking transfer of Civil Suit bearing No. 10/2022 titled "Abdul Jabbar Khan v. Lt. Col. Shokat Ali (Retd.) and Ors." pending before Civil Judge, Sardarshahar, District-Churu to Civil Court, Didwana, District-Nagaur.

(2.) The respondent-plaintiff presented a plaint before Civil Judge, Sardarshahar, District-Churu stating inter alia that he has been member of Rajasthan Kayamkhani Mahasabha (hereinafter referred to as 'RKM') since 2010. For the upcoming elections, RKM initiated membership drive along with ancillary processes. It was further stated that the respondent-plaintiff for renewal of his membership of RKM, offered Rs.25.00 for three years while the defendant Nos. 1 and 3 demanded Rs.500.00 in cash for the same. The respondent-plaintiff thereupon showed defendants, a copy of the constitution of RKM, clearly mentioning the membership fees for three years to be Rs.25.00 only. The defendant Nos. 1 and 3 nonetheless insisted upon payment of Rs.500.00 for renewing membership for three years. The respondent-plaintiff in the aforesaid circumstances sent through registered post to RKM, two cheques to the tune of Rs.500.00 and Rs.1000.00 respectively, for renewing his membership and for admitting his son as member of RKM. Despite the registered post being delivered at the registered office of RKM, the cheques were not presented for payment. In the civil suit, the respondent-plaintiff apprehended that the constitution of RKM is being amended illegally without adhering to due process with an ulterior object to prepare a voter list for the ensuing elections of RKM that is favourable to defendant Nos. 1 and 3. On the basis of aforesaid facts, plaintiff prayed for following reliefs:

(3.) After service of notices upon defendants, the present petitioner-defendant No. 1 preferred an application before the Court of Civil Judge, Sardarshahar, under Order 7 Rule 11 read with Sec. 151 of Code of Civil Procedure for rejection of plaint on the grounds that firstly, none of the defendants reside within the local limits of the court in whose jurisdiction, the suit has been instituted by the respondent-plaintiff. Secondly, the elections and membership drive of RKM is carried out by its registered office at Didwana, District-Nagaur.