DEVKISHAN SHARMA Vs. UDAIPUR VISHWAKARMA JANGID VIKAS SANSTHA

JUDGEMENT

(1.) The present revision petition has been preferred against the order dtd. 22/8/2022 whereby the application under Order VII Rule 11 of the Code of Civil Procedure preferred by the petitioners-defendants has been rejected.

(2.) The case of the petitioners is that the suit for cancellation of the elections as preferred by the respondent-plaintiff deserves to be dismissed on four grounds: Firstly, that the suit as preferred by the plaintiff Rajendra Sharma alleging himself to be the President of the Society could not be maintained as on the date of institution of the suit, he was not the President of the Society. Therefore, he had no right to sue and hence, the suit deserves to be dismissed. Secondly, subsequently the fresh elections had been conducted and a new Committee had come into existence. The Committee so constituted ought to have been impleaded as party which has not been impleaded and as a consequence, the relief for cancellation of the election as prayed for, cannot be granted. Therefore, in terms of the settled proposition of law, if it is found prima facie that the relief as prayed for cannot be granted, the suit itself deserves to be dismissed at the threshold. Thirdly, a bare reading of the plaint makes it clear that no cause of action had arisen to the plaintiff who alleged himself to be the President of the Society. Fourthly, the suit is barred by law as in terms of the Cooperative Societies Act, 1912, the present suit is not maintainable before a Civil Court.

(3.) Learned counsel for the petitioners submitted that a bare reading of the plaint and the documents annexed with the plaint are sufficient to prove that Rajendra Sharma was not the President of the Society on the date of filing of the suit and therefore, he had no right to sue. Counsel submitted that the plaint itself specifies that the tenure of the earlier Committee was for a period of three years which commenced from 16/7/2017. Meaning thereby, it came to an end on 15/7/2020 whereas the suit has been instituted in the year 2022 when clearly, Rajendra Sharma was not the President. Counsel relied upon the Hon'ble Apex Court judgment in the case of Dahiben v. Arvindbhai Kalyanji Bhanusali (D) thr. L.Rs.and Ors. (2020) 7 SCC 366, in support of his argument that if no right to sue survives in favour of the plaintiff, he cannot be said to have any cause of action to prefer the suit and therefore, the suit in absence of any cause of action deserves to be dismissed at the threshold.