RAJIV SHAKDHER
Hazrat Maulana Arshad Madani – Appellant
Versus
Maulana Quari Mohammad Usman – Respondent
Rajiv Shakdher, J.
1. This is an application filed by defendant No. 1 under Section 5 read with Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to in short as `the Arbitration Act'). The only relief that the defendant No. 1 has sought is as follows:-
"That this Hon'ble Court may be pleased not to intervene in the dispute and entertain the suit (C.S.(OS) No. 1970/2008) as it is beyond the jurisdiction of this Hon'ble Court..."
2. Briefly, the facts in so far as those, which are relevant for the purposes of disposal of this application, are as follows:
2.1 Plaintiff No. 1 alongwith plaintiff nos 2 to 18 claim to be the president and the members of the working committee of Jamiat Ulama-i-Hind (in short `JUH') respectively. It is to be noted that it is not disputed that JUH is an unregistered society. Plaintiff No. 1 has averred broadly in the plaint that after the death of Maulana Sayed Asad Madni R.A. in February, 2006, plaintiff No. 1 was elected to the post of the President of JUH.
2.2 The immediate predecessor of plaintiff No. 1, i.e., Maulana Sayed Asad Madni R.A. had continued as a president of JUH for a period of more than 32 years since August 1973 til
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