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2022 Supreme(P&H) 1522

ARVIND SINGH SANGWAN
M. R. Gupta – Appellant
Versus
Luxmi Cooperative Group Housing Society Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vaneet Soni, Advocate
For the Respondent:Mr. Aayush Gupta, Advocate

JUDGMENT :

ARVIND SINGH SANGWAN, J.

1. Prayer in this appeal is for setting aside the judgment and decree dated 16.08.2019 passed by the lower appellate Court, vide which, while allowing an appeal filed by respondent No.1-plaintiff, the order dated 28.04.2014 passed by the trial Court, rejecting the plaint, was set aside.

2. The question of law, involved in this appeal, is whether in view of Section 102 read with Section 128 of the Haryana Cooperative Societies Act, 1984 (for short ‘the Act’), the jurisdiction of the Civil Court is barred?

3. Learned counsel for the appellants has argued that in a suit filed by respondent No.1-plaintiff/Society, prayer is to grant a decree of mandatory injunction directing defendant No.1 to hand over the complete documents with a consequential relief of declaration that conveyance deed in favour of defendants No.1 to 3 is illegal and liable to be set aside. It is further submitted that the appellants filed an application under Order 7 Rule 11 CPC for rejection of the plaint, as in terms of Section 102 of the Act, jurisdiction of the Civil Court is barred. The trial Court allowed the application, however, in appeal, the order was set aside vide impugned

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