Jurisdiction of civil Court – Question of law is whether in view of Section 102 read with Section 128 of the Haryana Cooperative Societies Act, 1984, the jurisdiction of the Civil Court is barred? – 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. Though the trial Court allowed the application, however, the lower appellate Court recorded a finding that since in the civil suit, there is pleading of fraud with regard to execution of the conveyance deed, on the basis of certain documents, which were prepared by the defendants in collusion with each other, therefore, the Civil Court will have jurisdiction and the plaint is not liable to be rejected under Order 7 Rule 11 CPC. The lower appellate Court also recorded a finding that Section 102 read with Sections 128 & 130 of the Act deals with reference of the dispute to an Arbitrator and regarding bar of jurisdiction of the Courts, however, nothing is stated under Section 128 of the Act that jurisdiction of the Civil Court will be barred, if a suit is filed on the basis of fraud. At the stage of deciding the application under Order 7 Rule 11 CPC, the Court is primarily to see the pleadings in the plaint or the documents attached with the plaint -- In the plaint, it is specifically pleaded that conveyance deed has been executed in favour of defendant No.2 by playing fraud -- Therefore, question of law decided in favour of respondent No.1-plaintiff -- No illegality or infirmity with the impugned judgment and decree passed by the lower appellate Court.
(P&H HC) Decided on : 20.09.2022
