High Court Of Delhi
PALINDER SINGH BEDI - Appellant
Versus
NATIONAL RIFLE ASSOCIATION OF INDIA - Respondent
Interim Application 10658 of 1997
Decided On : 09/29/2000
Held:
It is necessary to recapitulate the averments made in the plaint. It is alleged that in May 1996 during Governing Body elections, the plaintiff opposed the candidature of defendant No. 2, Baljit Singh Sethi (The present Secretary General), his father Shri Sajjan Singh Sethi (The Life President), his brother Shri Jagjit Singh Sethi and his brother in law Shri Avtar Singh Sethi. It is alleged that they were running the office of defendant society as a family fiefdom. It is further alleged that defendant No. 2 had been nursing gntdge against the plaintiff with mala fide intentions and in violation of the principles of natural justice they made totally false allegations regarding the shortage of some clay pigeons in the Asian Championship event held in November 1995 with an intent to humiliate and harm the plaintiff. At this stage, in view of the averments made in the plaint it cannot be said that the plaint does not disclose any cause of action. The basic ingredients of Sub-rule (a) of Rule 11 of Order 7 CPC are not fulfillled. thereforee, this argument is also not sustainable and has to be rejected.
( 1 ) THIS order will dispose of an application of the defendants under Order 7, Rule 11 of the Code of Civil Procedure, 1908 (for short the Civil Procedure Code) praying for rejection of the suit.
( 2 ) BRIEF facts are : that the plaintiff filed a suit against defendant No. 1-The National Rifle Association of India (for short NRAI), and its Secretary General, Baljit Singh Sethi (defendant No. 2), alleging therein that defendant No. 1, a Society registered under Societies Registration Act, 1860, was established to promote the sport of marksmanship throughout India and to train the citizens in safe and efficient handling of fire arms. It is alleged that the plaintiff is more than 77 years of age, having business and agricultural income from 70 acres of farmland; that he had been the member of NRAI for last about 30 years and had held the post of Vice- President and Governing Body Member for about 10 years; that he was associated with several prestigious organisations and thus he enjoyed very high reputation and unblemished record; that during the first Commonwealth Shooting Championship held between 19th November, 1995 to 27th November, 1995 the plaintiff was appointed as Honorary Range Administrator (Clay Target) and his responsibility was supervisory; that during practice session he used to issue chits to the storekeeper for issuance of clay pigeons, which are used in trap and skeet shooting events. In May, 1996 the plaintiff and some other persons opposed the candidature of defendant No. 2 Baljit Singh Sethi (the present Seretary General), his father Shri Sajjan Singh Sethi (the Life President), his brother Shri Jagjit Singh Sethi and his brother-in-law Shri Avtar Singh Sethi on various issues so that the association is not run as a family owned fiefdom; that ever since then defendant No. 2 started nursing personal grudge and animosity against the plaintiff. In October, 1996 defendant No. 2 and some of his group persons with a view to humiliate the plaintiff initiated a malicious and baseless enquiry against him for alleged shortage of about 4000 clay pigeons at the Commonwealth Championship and vide letter dated 24th October, 1996 the plaintiff was asked to explain the shortage. On 18th November, 1996 the plaintiff replied stating that his responsibility was purely technical and was not to ensure accounting of clay pigeons at the end of the day and the same was the responsibility of the staff of NRAI; that his responsibility was to ensure that there is no shortage of clay pigeons during the practice session and competition; that clay pigeons are extensively used to ensure correct performance of the machines and lot of clay pigeons are used for the same, further lot of them are even found broken in the boxes and that the first Asian Championship event took place in the month of November, 1995 and accounts for the championship were taken on its completion; that even the books of the defendant ending 31st March, 1996 did not reflect any shortage. It was also stated that the letter in question was the outcome of the plaintiffs not supporting defendant No. 2 in the Governing Body of defendant No. 1 s elections in May, 1996. In reply, defendant No. 2 took an exception and stated that the letter dated 18th November, 1996 of the plaintiff would be placed before the Governing Body as the letter was derogatory and asked the plaintiff to unconditionally withdraw the said letter; that on 30th December, 1996 the plaintiff wrote another letter stating that if the Governing Body feels that any part of his letter was derogatory the same be treated as deleted. On 16th December, 1996 the plaintiff received another letter from G. S. Jhunjhunwala asking about the shortage of 4000 clay pigeons in November, 1995 Championship, the plaintiff again sent reply on 1st January, 1997 taking the same position stating that he was not responsible for any such shortage. It is pleaded that there was an attempt to embarrass the plaintiff for bas
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