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2019 Supreme(Del) 1275

IN THE HIGH COURT OF DELHI AT NEW DELHI
Anu Malhotra, J.
SHIVRAJ GUPTA & ANR - Appellant
Vs.
REGISTRAR OF SOCIETIES & ORS - Respondent
Civil Miscellaneous (M) No. 119 of 2019; Civil Miscellaneous Application No. 3605 of 2019
Decided On : 18-02-2019

Advocates Appeared:
Jayant Mehta, Adv., Naushad Ahamad Khan, Adv., Md Tauheed Arshi, Adv., Diya Kapur, Adv., Sugandha Batra, Adv.

Headnote:

Civil Procedure Code, 1908 - Order 6 Rule 17 - Concealment - Dismissal of suit - Amendment, allowed - Amendment sought by enhancement of the valuation of the suit - Issue had been framed only in relation to the Court fee - Determination of the appropriate Court fee to be paid on the basis of valuation of the reliefs sought by the plaintiffs - Petitioners is necessary and essential for the just adjudication of the lis - Amendment sought by the plaintiffs shall not in any manner substantially affect the nature of the contentions - Prayer had not been made earlier - Suit having been restored now to its original stage - Suit having been dismissed in default having not been mentioned in the application - It does not amount to any concealment of facts in view of such factum being part of the record of the lis itself - Petition is disposed of.

JUDGMENT :

Anu Malhotra, J.

The petitioner vide the present petition has assailed the impugned order dated 24.12.2018 of the learned trial Court of the ADJ-01, Central, THC, New Delhi in M-499/2017 vide which an application under Order VI Rule 17 of the CPC filed by the petitioners herein as the plaintiffs of the said suit seeking an amendment in the plaint to value the reliefs their prayer clause a to f which read to the effect:

a. Pass a decree of declaration that the amendment to Clause 2 of the Rules and Regulations of the Defendant No.2 Society, as set out in the Plaint, is illegal against the basic fabric of the constitution of the Defendant No.2 Society, and, as such, of no legal effect;

b. Consequently, pass a decree setting aside all appointments and/or inductions of Defendant Nos.4 to 13 made pursuant to the amended Clause 2 of the Rules & Regulations of the Defendant No.2 Society by Defendant No.3 and/or the Defendant No.2 Society;

c. Pass a decree of declaration that the Plaintiff No. 1 is and continues to be the Founder member of the Defendant No.2 Society in accordance with the Rules & Regulations of the Defendant No.2 Society;

d. Pass a decree of mandatory injunction directing the Defendant No. 2 Society to record the name of the Plaintiff No. 2 as the Founder Member of the Defendant No. 2 Society in accordance with the Rules & Regulations of the Defendant No. 2 Society, in particular Clause 2 of the Rules & Regulations, as amended by the resolution passed in the Special General Meeting of the Defendant No. 2 Society held on 15-12-1979;

e. Pass an order and/or direction to Defendant No. 1 to conduct a special audit into the affairs and accounts of the Defendant No. 2 Society by an independent agency, preferably through the Office of the Comptroller & Auditor General of India or any other reputed agency;

f. Pass appropriate order(s) for investigation into the dealings and/or business relations and the entities where the Defendant No. 3 or his immediate relatives/friends and associations who are members of the Defendant No. 2 Society having any direct or indirect interest."

was declined. The contesting respondent no.2 as the caveator of Caveat 77/2019 has put in appearance and has been heard.

2. The suit instituted by the plaintiffs i.e. the petitioners herein initially before this Court was only one seeking declaration, permanent injunction and mandatory injunction with virtually all reliefs against the defendant no.2 and members of the defendant no.2 arrayed as members whose appointment and inductions were made to the respondent no.2.

3. As reflected vide the impugned order the reliefs prayed through the plaint were valued by the plaintiffs vide para-38 of the plaint which reads to the effect:

"That the present suit for the purpose of jurisdiction has been valued at Rs. 20,00,000/- for the relief of declaration as in prayer (a) it has been valued at Rs. 20,05,000/- on which requisite court fee of Rs. has been affixed. For the relief of declaration as per prayer (b) and (c) the suit has been valued at Rs. 200 each and court fee of Rs. 20 has been affixed. For the purpose of relief as prayed in prayers (d) to (f) the suit has been valued at Rs. 130 and a court fee of Rs. 13/- has been paid."

4. The defendant no.1 arrayed to the suit is the Registrar of Societies and arrayed on record apparently as a proforma party. On behalf of the defendant nos.2, 3, 6 & 13 a joint written statement was submitted averring through the response to para-38 of the plaint to the effect:

"In reply to paragraph 38 of the plaint, it is submitted that appropriate Court fee has not been paid as submitted in the Preliminary Objections and till the appropriate Court fee is paid, the suit of the plaintiffs cannot be proceeded with."

thus submitting that a proper court fee had not been paid as averred in the preliminary objections of the said written statement vide which preliminary objection at serial no.5 of the preliminary objection it was submitted to th




































































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