IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 26 OF NOVEMBER, 2025 CIVIL REVISION No. 47 of 2007 MOHAMMAD ISRAR KHAN Versus PRABHARI ADHIKARI BUNKAR SAHAKARI SAMITI Appearance:

Shri Sanjeev Tiwari, Advocate for the applicant.

None for respondent.

ORDER This civil revision, under section 115 of CPC, has been filed against the judgment and decree dated 28/2/2007 passed by I Additional District Judge, Mungawali, District Guna in Civil Appeal 1B/2006, by which the judgment and decree dated 30/11/2005 passed by Civil Judge Class II, Chanderi in Civil Suit No. 2B/1998 has been reversed.

2. Since the valuation of subject matter of the dispute is less than Rs.25,000/-, therefore, in view of section 102 of CPC, second appeal is not maintainable and hence the present civil vision has been filed.

3. Applicant is the plaintiff who has lost his case from the first appellate Court.

4. Facts necessary for disposal of present revision, in short, are that plaintiff filed a suit for recovery of Rs.5,950/- on the ground that plaintiff had operated a stall in Expo 92-93 at Indore for which the Apex Body, Jabalpur had authorized respondent/defendant-committee. Plaintiff had sold the articles on the bills of Apex Body, Jabalpur. However, liability to pay the amount was on the defendant-society. However, the defendant society has not paid an outstanding amount of Rs.4,376/-. Although plaintiff had approached the defendant-society on number of occasions, but every time it was replied by defendant that as and when amount is received from Apex Body, Jabalpur, then payment shall be made. On 30/10/1996, plaintiff had also made an application for payment of outstanding amount of Rs.4,376/- and In- charge of the Society had also made an endorsement that the amount be paid to the plaintiff but the defendant-society has not paid the amount. Again on 22/1/1998, plaintiff was informed by the defendant-Society that as soon as the amount is received from Apex Body Jabalpur, the same shall be paid to the plaintiff. Plaintiff has come to know thatMadhya Pradesh Rajya Hathkarga Bunkar Sahkari Sangh Jabalpur has already made payment to the Society. However, defendant- Society is constantly claiming that the amount has not been received from Apex Body Jabalpur, therefore, the outstanding amount shall be paid as soon as the same is received from Apex Body, Jabalpur. It was further claimed by plaintiff that the defendant/Society has illegally withheld an amount for the last six years and, therefore, plaintiff is entitled for Rs.4,376/- with interest and accordingly an amount of Rs. 1,574 /-was also claimed by way of interest which had already accrued as well as for interest at the rate of 1% per month.

5. Defendant-society filed its written statement and claimed that it had not given any order to plaintiff to operate a stall. However, plaintiff had operated a stall under the orders of Apex Body, Jabalpur and on the bills of Apex Body, Jabalpur, the plaintiff had sold the articles. Therefore, the responsibility of making payment to the plaintiff is on Apex Body, Jabalpur. Defendant has nothing to do with the payment of outstanding amount. It was further claimed that plaintiff should have impleaded Apex Body, Jabalpur as the necessary party and since it has not been done, therefore, suit is liable to be dismissed on the ground of non-joinder of necessary party. Thus in nutshell, the defence of the defendant was that plaintiff had run a stall under the orders of Apex Body, Jabalpur and had sold the articles on the bills of Apex Body, Jabalpur. The amount has to be repaid by Apex Body, Jabalpur to the plaintiff and in absence of Apex Body, Jabalpur, the suit is also not maintainable.

6. The trial Court, after framing issues and recording evidence, decreed the suit.

7. Being aggrieved by judgment and decree passed by the trial Court, respondent preferred an appeal which has been allowed by I Additional District Judge, Mungawali,