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DEEPAK GUPTA
Narinder Prakash Gupta – Appellant
Versus
Amit Kumar – Respondent
JUDGMENT :
Deepak Gupta, J.
By way of this petition filed under Article 227 of the Constitution of India, petitioner has assailed the order dated 31.05.2024 (Annexure P-1) passed by learned Civil Judge (Sr. Divn.), Gurugram, whereby his application under Order 7 Rule 11 CPC for rejection of the plaint in Civil Suit No.1601 of 2024 titled as “Amit Kumar and another v. Narinder Prakash Gupta and another”, has been dismissed.
2. A perusal of the paper book would reveal that based upon an agreement to sell dated 04.02.2016 in respect of Flat No.416 (Share Certificate No.52 dated 05.05.2012) in defendant No.2-Society (respondent No.3 herein), plaintiffs — Amit Kumar and Bimla Yadav (respondent Nos.1 and 2 herein) filed a suit for declaration, specific performance and permanent injunction against defendant -— Narinder Prakash Gupta (petitioner herein) and the Society. An application under Order 7 Rule 11 CPC was moved by defendant No.1 to reject the plaint on the ground that jurisdiction of the Civil Court was barred in view of the provisions of Haryana Co-operative Societies Act, 1984 (hereinafter referred as ‘the Act’); that a petition filed under the provision of the said Act by defendan
Civil Courts have jurisdiction over disputes regarding agreements to sell flats, as such disputes do not pertain to the business of Cooperative Societies under the Haryana Co-operative Societies Act.
The central legal point established in the judgment is that the jurisdiction of the Civil Court is not barred under Section 128 of the Haryana Cooperative Societies Act, 1984 when a suit is filed on ....
The jurisdiction of Civil Courts is ousted in disputes concerning cooperative societies, which must be adjudicated by the Registrar according to Section 102 of the West Bengal Cooperative Societies A....
The court clarified that statutory bar under Order VII Rule 11(d) requires clear prohibition for dismissal, emphasizing the distinction between jurisdiction and maintainability.
Disputes between cooperative societies and their employees are not maintainable under Section 91 of the MCS Act, requiring civil suits for resolution.
The main legal point established is that the Registrar of the Co-operative Society does not have jurisdiction to annul a sale deed, and the Civil Court has the authority to declare the sale deed as n....
The Registrar under the Rajasthan Co-operative Societies Act 2001 cannot adjudicate title disputes, which must be resolved by a Civil Court.
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
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