SHABBIR AHMED KHILJI Vs. MEHAR M SADIQUE

JUDGEMENT

(1.) Heard learned counsel for the parties. Before proceeding to decide this revision-petition. I deem it appropriate to bring to the notice of the State Government about the provision of law contained in the Rajasthan Court-Fees and Suit Valuation Act, 1961 namely sub-clause (c) of S. 26 which permits plaintiff to value the suit of the plaintiff as per his discretion which may be absolutely arbitrary and for which, even the Court has no jurisdiction to question the decision of the plaintiff for valuing the suit. By this the plaintiff is permitted to choose any of the Courts from lowest Court to highest Court which can try the original suit like Court of Civil Judge (Junior Division), Court of Civil Judge (Senior Division) and the District Court. In this revision-petition, all the facts are available to demonstrate how the plaintiff can choose the Court as per either his convenience or by his choice or because of choice to avoid the Court. Three suits have been filed in relation to dispute about management of one Educational Society in all the three Courts namely Court of Civil Judge (Junior Division), Court of Civil Judge (Senior Division) and the Court of the District Judge of Jodhpur. In all the three suits the plaintiffs put the valuation of relief differently simply because law permits them to do so. The present controversy is an example of choosing Courts for filing suits by the parties knowing it well that other suits are pending in different Courts. In these suits, matter is in relation to management of Educational Society. First suit valued for more than Rs. 25,000.00 therefore, has been filed in the Court of Civil Judge (Senior Division), second suit was filed in the Court of Civil Judge (Junior Division) by putting valuation of the relief as less than Rs. 25,000.00 and last and third suit has been filed in the Court of District Judge valuing suit for more than Rs. 50,000.00. Suits are filed by the parties in the Courts of their choice.

(2.) This is for Legislature to think over the matter, therefore, copy of this order be sent to the Chief Secretary, Government of Rajasthan, Jaipur.

(3.) The facts of this case are that there is one Marwar Muslim Educational Society. It is said by the learned counsel for the petitioner that it has its own constitution and the office-bearers were managing the affairs of the Society till 17-9-1999. On 17-9-1999 a resolution was passed and it is submitted by the learned counsel for the petitioner that it was passed by the members who were less than 50% of the total members of the Society and new office-bearers were nominated/elected by this resolution. There is dispute as to whether new office-bearers are elected or nominated which is not relevant for deciding this revision-petition. Dispute arose within 6 months of said meeting dated 17-9-1999 resulting into filing of the first suit by Abdul Samad on 8-8-2000 which was registered as Civil Original Suit No. 78/2000 in the Court of Civil Judge (Senior Division), Jodhpur wherein an application for injunction was submitted which was allowed by the trial Court by order dated 2-9-2000 restraining rest of the defendants from preventing the plaintiff and defendant Nos. 4 to 6 from working as office-bearer of the Society. However, it was made clear that Society was not restrained from proceeding to hold election as per the provision of constitution of Society. In appeal the injunction order was vacated on 15-5-2001, again this S.B.C. Revn. No. 627/2001 was filed by the plaintiff-Abdul Samad, that was also dismissed by the High Court by order dated 30-4-2002. This Civil Original Suit No. 78/2000 is now pending in the Court of Addl. Civil Judge (Senior Divn.) No. 4, Jodhpur.