PREM KUMAR Vs. BANSHILAL AND ORS.

JUDGEMENT

(1.) THE Court of ADJ, Beawer had dismissed the suit No. 228/2003 filed by the appellant under Order 7 Rule 11(d) CPC on the application of the defendants/respondents by order dated 13.8.2004. That order has been challenged by plaintiff/appellant Prem Kumar in this Court in this Civil First Appeal.

(2.) I have heard arguments of both the parties. Both the parties agree that for decision on application filed under Order 7 Rule 11 CPC contents of the plaint are only to be seen and the points mentioned in the defendants' written statement are irrelevant at that stage. This view gets support from following rulings also: - -

(3.) IN Ramesh Chand Ardawatiya v. Anil Panjwani - : (2003) 2 WLC (SC) Civil page 1 and Harsh Vardhan Kejriwal v. Madhav Nagar Grah Nirman Sahkari Samiti Ltd. & Ors. - : (2007) 2 WLC (Raj.) Page 730, it was held that the Act of 1965 will be applicable only when defendant is also a member of the society or claiming under a member. If the plaintiff does not have any dispute with another member of the society or the society itself then the bar of Section 75 and Section 137 of the Act of 1965 may not apply. It was further held in these cases that if the dispute between the parties does not come within the ambit of Section 75 then the domain of a civil court cannot be excluded. In these cases, it was also held that wholesome reading of Section 75 indicates that it is the dispute between the members inter -se or between members and the society or between two or more societies relating to their working as cooperative society alone in accordance with law including its byelaws and not in an illegal or unlawful manner like encroachment or other illegal possession etc., which is sought to be excluded not wherein intricated question of fact and law relating to title, possession and contractual obligations are called in question for which civil courts alone have the jurisdiction under the provisions of Section 9 CPC along with other relevant provisions providing for trying such civil suit by the civil courts in CPC.