Case Law Details
Indian Church Council Of The Disciples Of Christ Vs Krishna Kumar Agrawal (Chhattisgarh High Court)
The applicants have placed certain documents to show the value of the property. It shows that more than Rs.4500 per sq. meter of the value exists for the area for which the compromise has been effected. The conduct of Krishna Kumar Agrawal and N.L. Soni shows that the deliberate deception with the design of securing something by taking unfair advantage of another i.e. the property of society is made which is a deception in order to gain by causing loss to the Society. It is a cheating intended to get advantage. The reliance placed by the respondent No.1 in the case of Lily Thomas, etc. etc. V. Union of India and others {AIR 2000 SC 1650} and Smt. Meera Bhanja Vs. Smt. Nirmala Kumari Choudhary {[1994] Supp. 5 S.C.R.} there is no conflict to the preposition that review petition cannot be treated to be as appeal. But when fraud is played, which is apparently prima facie apparent from the records, then the finality of a decree cannot be allowed to precipitate. The said principle is fortified by the Supreme Court in {(2007) 7 SCC 482}. After going through the document and for the reasons as stated herein above the compromise decree cannot be allowed to continue. In a result, the compromise decree passed on 01.10.2018 being out come of fraud & suppression of facts is recalled thereby the judgement & decree is set aside.
FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT
1. This order would adjudicate review petition filed by the Indian Church Council of the Disciples of Christ (hereinafter referred to as ‘the ICCDC’) through his secretary A.D. James and another applicant Rev. A Nanthaniel against the non-applicants for review of a judgment and decree dated 01.10.2018. The said decree was passed on the basis of compromise entered between the parties in the First Appeal No. 24/1993 out of them one of the party is a registered society under the Society Registration Act, 1973. In the first appeal Krishna Kumar Agrawal was the appellant and the respondents were Rev. N.L. Soni, arrayed in capacity of Executive Secretary, Indian Church Council of the disciples of Christ as respondent No.1 and the respondent No.2 was the Indian Church Council of the Disciples of Christ a society registered under the Society Registered under the Society Registration Act, 1973 The society was also represented by its Executive Secretary Rev. N.L. Soni, Bilaspur, who was a respondent No.1. On the basis of compromise in between the parties in the first appeal, the decree was drawn. The instant review petition has been filed by the Society namely Indian Church Council of the Disciples of Christ represented by another person claiming as Executive Secretary named A.D. James, whereas the non-applicants Krishna Kumar Agrawal is arrayed as non-applicant No.1 and Rev. N.L. Soni as non-applicant No.2.
2. Fouzia Mirza, learned counsel for the applicants in the instant review petition would submit that the property of ICCDC have been sought to be done away with at the behest of Rev. N.L. Soni, who claimed himself to be the Executive Secretary of Society. She would further submit that a fraud has been played on the Court as N.L. Soni claimed himself to be the Executive Secretary as has entered into compromise whereas he is not the Secretary. The reference of Annexure A/5 was made and would submit that N.L. Soni, who claimed to be the Executive Secretary was expelled from ICCDC. It is stated that though the authority was claimed on the basis of resolution dated 27.05.2005 but even that resolution did not give the power to N.L. Soni to enter into any compromise in respect of property of Society which was subject of dispute. It is stated that N.L. Soni did not bring into the notice of this Court that N.L. Soni had no right to enter into the compromise on behalf of the Society. She further refers to the affidavit of pastor Anurag Nathaniel, Ujiyar Masih, V.N. Bhelwa and it is stated that compromise was arrived at on the basis of the resolution dated 27.05.2005 and that too is outcome of fraud and Mr. N.L. Soni have played fraud with the entire christian community. She would further submit that Rev. A. Nathaniel and four others have filed a writ petition in the year 2018 to register the FIR against N.L. Soni and further paper publication dated 19th of August 2018 was referred and would submit that the public notice was made in paper that N.L. Soni committing fraud on the earlier occasion too tried to do away with the property of the society and public was notified about the fraudulent acts of N.L. Soni. She would further submit that therefore, facts would show that a dispute exists in between the members of the society and N.L. Soni therefore tried to take advantage of the same.
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