Rejection of plaint - flat leakage
Ria
(Querist) 09 October 2010
This query is : Resolved
Respected experts,
I had filed a civil suit in the court claiming mandatory injunction and damaged against a lady staying above my flat on a power of attorney.
However the court granted me an ad-interim injunction. But later on the suit was rejected this week stating that the civil court does not have jurisdiction but only co-operative court has jurisdiction as the society is responsible for leakage from members house.
Please if advice if a Writ petition is maintainable in this matter.
yogesh
(Expert) 09 October 2010
writ petition is maintainable only against the Public Body
B K Raghavendra Rao
(Expert) 09 October 2010
Writ petition is not maintainable against a co-operative society as it is not a government or government body under the Constitution of India. You have to complain to the Registrar of Co-operative Societies of your local jurisdiction.
Shrichand Nahar
(Expert) 10 October 2010
The civil court ought to have ordered return of plaint, if it found or held that suit has been instituted in court not having jurisdiction.
However, even if the civil court opted to reject or dismiss the suit and even if you have option of approaching a superior court, still it may not be advisable to approach superior court, unless you and your lawyer are of confirmed opinion that civil court does had jurisdiction.
If civil court does not had jurisdiction, proper recourse would be to approach the court having jurisdiction in the matter.
Kirti Kar Tripathi
(Expert) 10 October 2010
I am not clear as to why the civil court has held that it has no jurisdiction . In my opinion u consult ur local lawyer and approach to higher court.
Mani Narayanaswamy
(Expert) 10 October 2010
Agree with tripathi. questions should be specific for us to answer. the question put by the author is ambigous
Sri Vijayan.A
(Expert) 12 October 2010
In my view, the question is not clear.
Pl give full and clear detals to get a fair idea
Then only, it can be answered
pawan sharma
(Expert) 13 October 2010
I agree with Mr.Nahar, and added in that you may file the Mise.Appeal before the Distt.Judge.
MANISH
(Expert) 13 October 2010
Dear Ria,
the suit might be rejected under Order VII Rule 11, by the presentation of an application by OP. clause 1 of the said rule states that the plaint may be rejected if the jurisdiction is barred by any law.
Now in your case, whether there is any co-operative court, (i am asking because in Delhi, there is no such court.), and if so, then according to which law is it governed? If the said law bars the jurisdiction of the civil court, then the court is correct in rejecting the suit.
But if it is not, then you may file an appeal for such order.
Better to consult with your lawyer.
