IN THE COURT OF DISTRICT JUDGE, DISTT.

CENTRAL, TIS HAZARI

COURTS, DELHI

IN RE:

AKHIL HARI SINGH ...PLAINTIFF

VERSUS

_________________& ORS. …DEFENDANTS

SUIT FOR PARTITION, DECLARATION, PERMANENT AND

MANDATORY INJUNCTION

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff No.1 is a society duly registered under the Societies
Registration Act, 1860 having registration No.S-27/1990 having its address
as mentioned in the memo of the parties. The said associations was formed
and constituted for the welfare and organization of Jangid Brahmin Samaj.
This is the highest organization of the Jangid Brahmins having five divisions
at the National, State, District, Block and village/Panchayat level. The
plaintiff society is represented by Sh. Nand Lal Jangid, who is the General
Secretary of the society and duly authorised to sign, file and institute the
present suit and to take all steps necessary in this regard. The Plaintiff No. 2
is the elected President of the plaintiff society whose term will expire in
2020.
• That the defendants No.1 & 2 are the former President and Secretary of the
plaintiff society respectively. Their term expired on 31.03.2017. The
defendants No.3 to 6 are the illegally appointed (by defendants No. 1 & 2
and their associates) so called Chief Election Commissioners.
• That the brief facts involved in the present suit is as follows:
• That as per the constitution of the plaintiff No.1 society, the elections of
only the President is held who forms his own Executed
committee/working committee comprising of General Secretary,
Treasurer, Member of Executive Committee etc. etc. The term of the
President and his Executive committee is for three years. It is also
provided in the constitution that nobody can be elected as President for
more than two terms i.e. maximum of six years. The term of the
Executive committee starts from 1st April and expires on 31st March as
per the rules and regulations of the society.
• That the defendant No.1 was elected as President and he completed his
two terms i.e. six years on 31st March, 2017. The term of the defendant
No.1 and his executive committee came to an end on 31st March, 2017.
• That it is a general practice in the spirit of the constitution that the
election process for conducting the new elections starts much before the
expire of the term of the President and his Executive committee. The
defendant No.1 and his executive committee including defendant No.2
as its General Secretary failed to prepare and conduct the elections and
their term expired on 31st March, 2017.
• That it is also the mandate of the constitution that on the expiry of the
term of the President and in the event of non holding of election, the
President and his Executive committee will have no right to take any
policy decisions or conduct meeting.
• That in complete violation of the above-stated provisions of the
Constitution the former President Sh. Kailash Chand Bernela/defendant
No. 1 and his former General Secretary i.e. Defendant No.2 called
illegal meeting of the Executive committee on 14.05.2017 at Indore and
in the said meeting, it was arbitrarily resolved to extend the term of the
President and his executive committee for one year i.e. till 31st March,
2018. The said action of the defendants No.1 & 2 and his executive
committee was in complete violation of the constitution of the society
and its rules and regulations. Shockingly, they kept it as a secret and did
not publish in the magazine of Jahgid Brahmin.
• That besides this, after expiry of their term, the former
President/defendant No.1 and his executive committee executed an
agreement to purchase land for constructing "Maha Sabha Bhawan" and
declared the same in the magazine of Jahgid Brahmin dated 08.08.2017.
 It was also known recently that they illegally transferred Rs. 16 Lakh in
the name of Girls Hostel and on 01-07-2017, they gave a cheque of Rs.
21 lakh from the accounts of the Mahasabha/plaintiff society which is
nothing but financial embezzlement.
• That due to the above stated illegal activities of the former President
and his Executive committee and financial irregularities/embezzlement
and non conducting the elections of the societies and extending his
terms for one year and non holding of the meeting of the
Mahasabha/Maha Samiti despite repeated requests by its members, a
meeting was called on 28.05.2017 at Samajpat Math, Vasant Kunj,
Delhi by the members of Mahasabha under the Chairmanship of Sh.
Desh Ram Sharma. In the said meeting, concern was raised on the
illegal activities of the Defendant No.1 and it was resolved to call the
meeting of the Maha Samiti/Mahasabha of all the members from all
over India. It was decided to hold a next meeting for constituting the
Adhoc committee of the respected members for conducting the
impartial election.
• That on 04.06.2017 another meeting was called under by the members
of the plaintiff society and it was resolved to call the meeting of the
Maha Samiti/Maha Panchayat on 02.07.2017 and the program for the
same was decided.
• That the members of the plaintiff society were pleased to call the
protest march as well as meeting of Mahasabha/Maha Samiti on
02.07.2017 at Sati Math, Vashant Kunj, Delhi under the Chairmanship
of Sh. Ugma Ramji former Sarpanch. More than 1500 members of the
plaintiff society gathered at the spot and the concern was raised by
everyone present about the illegal activities of the former
President/defendant No.1 and his executive committee and their
unlawful action was condemned. It was decided in the said meeting of
the Mahasabha that an Adhoc committee of 61 members is constituted
and Sh. Chhaganlal Jangid and Sh. Asharam Jangid were made the
convener and co-convener of the said Adhoc committee respectively. It
was also unanimously decided to withdraw the power to operate the
bank account of the plaintiff society from the former
President/defendant No.1 and treasurer/defendant No.3 and their
executive committee. The Adhoc committee was authorized to take up
 the administration of the plaintiff society and to conduct the elections
after forming an election committee. All the members present duly
signed the minutes book. Initially, the name of Sh. Nemi Chand
Sharma/Jangid was also put in the Adhoc Committee but later on, he
showed his inability in becoming a member and to work in the said
Committee and he was allowed to take his name back.
• That thereafter, on 08.07.2017 the meeting of Adhoc committee was
held under the chairmanship of Sh. Chhaganlal Jangid and it was
decided to oppose the holding of meeting of the State Executive
Committee on 15.07.2017 by the defendant No.1 etc. Thereafter, a
meeting of Adhoc committee was called on 09.07.2017 in which the
schedule of holding the elections of the President was decided. As per
the said schedule the declaration of the election was to be held on
09.07.2017, the nomination date was fixed for 12.08.2017, the scrutiny
of nomination and withdrawal of nomination date was fixed on
13.08.2017 and the date of election was fixed on 08.10.2017. The
timings and the place for the elections was duly provided. It was also
decided to form about 100 polling stations all over India and it was also
decided to inform all the members about the holding an election and its
schedule by publishing notice in the newspaper as well as in the
magazine of the Samaj and by electronic mode. It was also decided to
constitute the election committee for holding the elections in the next
meeting.
• That in the next meeting of the Adhoc committee on 13.07.2017, Sh.
Ambalal Jangid was decided and appointed the Chief Election Officer
and ten respected members of the samaj were appointed in Election
Committee and they were given the charge to conduct/hold the free and
fare election for the post of President. In the said meeting, the filing of
court case by former President/defendant No.1 for opening the bank
account was also condemned. In the next meeting of the Adhoc
committee on 21.07.2017 it was decided that the member of the
committee will go to the head office of the Mahasabha on 22.07.2017 in
order to take charge and preparation of holding of election.
• That on 28.07.2017, a meeting of the Adhoc committee was kept with
the former President/defendant No.1 and his ex. executive committee
for their cooperation in conducting free and free election but no
 agreement could be reached between the parties.
• That the Chief Election Officer Sh. Ambalal Jangid and the Election
Committee held meetings for conducting Impartial and smooth
elections and making preparation for the same and accordingly, duties
were assigned to the officers of the election committee. The Election
committee ensured the widest possible circulation of the election
program for the members of the plaintiff society. The Election
Notice/message and it's schedule was duly published in National
Newspapers and also pasted on the Office of the plaintiff society and
also circulated to members by pamphlets and Whatsapp, facebook etc
etc. The concerned Police was also informed about the same.
• That on 12.08.2017, during the nomination proceedings, seven
members filed their nomination for the post of President including the
Plaintiff No.2. Since the former President and his Executive committee
had illegally locked the office of the Mahasabha, therefore, all the
proceedings of filing of the nomination were done in front of the main
gate of the Mahasabha office.
• That on 13.08.2017, the scrutiny of the nomination paper were
conducted by the election committee and out of seven nomination, only
two nominations were found in order i.e. of the plaintiff no.2 Sh.
Nemichand Sharma and Sh. Sohanlal Jangid and the remaining 5
nomination papers were rejected being not in order as per the
requirements.
• That since only two candidates were left in the fray and one of them of
Sh. Sohanlal Jangid was pleased to withdrew his nomination on
13.08.2017 itself, therefore, Sh. Nemichand Sharma (Jangid)/Plaintiff
No.2 S/o Sh. Johrilal Sharma was declared elected as President of the
plaintiff society un-opposed by the said Election committee/Chief
Election Officer who will have his term till 31st March, 2020.
• That the News of election of Plaintiff No.2/Sh. Nemichand Sharma was
widely reported in different newspapers all over India in English and
Hindi. Some of the reporting of the said newspapers are enclosed.
• That the Defendant No.2 without any authority filed a false and frivolous
suit titled as 'Akhil Bhartiya Jangid Brahmin Mahasabha Vs. Chhaganlal
Jangid' bearing CS No.257/2017 against four members of the above-stated
Adhoc committee for seeking declaration for declaring the Adhoc committee
 and consequently, declaration of election be declared void and restraining
them from holding election. The Defendant No.2 also filed an application
under Order XXXIX Rule 1 & 2 CPC alongwith the said suit seeking
restraint order against the Adhoc committee from holding the election of the
plaintiff society for the post of President. The said suit which was malafide
exercise was duly contested by the served Defendants who were served and
the Ld. Court of Ms. Neha, CJ-09, Tis Hazari Courts, Delhi and thereafter
Ms. Dhanashree Deka, CJ-09, Tis Hazari Courts, Delhi did not accede to
their request and no injunction was granted against the Adhoc Committee
from conducting of the election. It is respectfully submitted that the said suit
of the Defendant No.2 has become infructuous now after holding of
elections.
• That the newly elected President i.e. Plaintiff No.2 formed his Executive
Committee and all of them were duly sworn in and Sh. Nand Lal Jangid was
appointed the General Secretary.
• That the Defendant No.1 & 2 and their committee started created hindrance
for the new President i.e. Plaintiff No.1 and his Executive Committee in
taking over and managing the affairs of the Plaintiff society. They had
already put the locks on the office of the Mahasabha keeping all the records
in their illegal custody and not allowing the plaintiffs to have access to the
same.
• That in order to destabilize the plaintiff society and create confusion and
chaos, the Defendants No.1 & 2 conducted a meeting of State Sabha at
Raipur, Chhattisgarh and illegally declared the fresh Elections of the
President on 19.11.2017 (inspite of recent elections held wherein the
plaintiff No. 2 was elected President till 2020). They also illegally appointed
three Chief Election Commissioner i.e. Defendant No.3 to 6 alongwith an
election committee of six members. They also fixed the election schedule
and kept the date for making members till 18.09.2017, filing of nomination
on 23.09.2017 and 24.09.2017, scrutiny on 24.09.2017, withdrawal date
25.09.2017 and the final list on 25.09.2017.
• That the above-stated declaration of the fresh election of the President by the
former committee is totally illegal and in violation of the constitution of the
Plaintiff society and its rules and regulations and also due to the below
mentioned reasons:
• That the election of the President of the Plaintiff society have already
 been held and the Plaintiff No.2/Sh. Nemichand Sharma (Jangid) have
already been elected an opposed as President for a term starting from
2017 till 31.03.2020 and the said elections have never been challenged
in any way either by the Defendants or by anybody else.
• That the term of former President had expired on 31.03.2017 and
instead of handing over the charge of the affairs of the Plaintiff society
to the Plaintiffs, he is bringing instability and chaos in the Plaintiff
society by announcing elections which is totally illegal and malafide
exercise.
• That the election declared by the former President and the program
fixed for the same is in total violation of the constitution of the
Plaintiff society. Moreover, the information regarding declaration of
the election and election schedule have neither been provided on the
website nor in the office of the Mahasabha which is lying locked for a
long time. It is also submitted that the list of the voters were also not
published in the magazine of the Jangid Brahmin. They have also
violated the provisions of Clause 14 of the Constitution of the Plaintiff
society.
• That their malafide can also been seen from the fact that their so-
called Chief Election Commissioners and member of election
committee have been the member of their own executive committee,
so much so, that Sh. Surender Kumar Vats/Defendant No.3 who has
been taken as Chief Election Commissioner was the Cashier/Treasurer
of the execution committee of the Defendant No.1. The Defendants
have been involved in several financial irregularities/bungling and
irregularities and they have no right, power of authority to conduct the
election in question and their intention have been malafide from the
very beginning.
• That the defendants never called the meeting of
Mahasabha/Mahasamiti which they are legally bound to do nor they
got their accounts passed in any AGM or got them audited.
• That in the name of administration and elections, they have embezzled
lakhs of Rupees without giving any accounts of the same. in this
regard a police complaint is also lodged.
• So much so that they have malafidely enrolled about 25000 members
of the plaintiff society by taking Rs. 500 as membership fee which is
 totally illegal under the provisions of the Constitution of the society
and its rules and regulations.
• The former President and his team has no right, power or authority to
announce or conduct elections or appoint any election committee
which is totally void.
___________________________________________________
• That in view of the above facts and circumstances, the Plaintiffs have
been left with no other efficacious remedy except to approach this Hon'ble
Court by way of present suit against the illegal, unlawful, unwarranted,
unconstitutional and unjust acts of the Defendants.
• That it is imperative that the Defendants be immediately restrained from
conducting/holding any elections of the President of the Plaintiff society
and/or creating instability and disturbance in the Plaintiff society and they
should also be directed to open the office of the Plaintiff society/Mahasabha
and handover the entire charge and records of the Plaintiff society to the
Plaintiff.
• That the cause of action for filing the present suit arose in favour of the
Plaintiffs and against the Defendants when the Plaintiffs came to know from
the magazine of Jangid Brahmin No.110 20-08-2017 that the Defendants
have decided to hold an illegal and unlawful election on 19-11-2017. The
cause of action also arose when the office of the Mahasabha was locked
down by the Defendants No.1 & 2. It also arose each and every date when
the Defendants No.1 & 2 failed to handover the charge and record of the
society to the Plaintiffs after the Plaintiff No.2 was elected as President on
13.08.2017. It also arose on all the dates when the Defendants No.1 & 2 and
their committee violated the provision of the Constitution of the society and
took illegal and arbitrarily took administrative and financial decision without
any authority of law and after the completion of their terms. The cause of
action is still continuing as the Defendants have no right or authority to
continue as the President/Secretary or to announce or conduct the election of
the Plaintiff Society or to hold any meeting or mislead its members.

• That the head office of the Plaintiff society is at Delhi and the parties to the
suit are residing and/or working for gain at Delhi. Moreover, the cause of
action has also arisen at Delhi hence, this Hon'ble Court has the territorial
jurisdiction to try and entertain the present suit of the Plaintiffs.
• That the present suit is within the limitation period.

• That the value of the suit for the purpose of fees and the jurisdiction is as
follows:
• The assessment for the relief of declaration is Rs.3,00,000/-.
• The assessment for the relief of permanent and mandatory injection is
assessed as Rs.130/- each on which proper court fees have been affixed
on the plaint.
• That the present suit has been filed bonafidely and in the interest of justice.

PRAYER:
It is therefore most respectfully prayed that this Hon'ble Court may kindly be
pleased to pass/grant :-

(i) A decree of declaration be passed in favour of the plaintiffs and against the
defendants thereby declaring that defendants have no authority, right or
power to continue as Office bearers of the Plaintiff society and they have no
right to take any decision whatsoever with respect to management,
administration and affairs of the plaintiff society; and

(ii) A decree of Permanent Prohibitory Injunction in favour of the Plaintiffs and

against the Defendants thereby restraining the defendants his servants,
agents, employees, representatives or anybody acting through them or on
their behalf from in any manner whatsoever operating, managing and
running the affairs of the plaintiff society and restraining them operating the
bank accounts of the plaintiff society/Mahasabha and from receiving any
subscription fee, payment etc. in the name of the society or making any new
member of the society and/or to interfere in the working of the plaintiffs as
the office bearers of the plaintiff society; and

(ii) A decree of Permanent Prohibitory Injunction in favour of the Plaintiffs and

against the Defendants thereby restraining the defendants his servants,
agents, employees, representatives or anybody acting through them or on
their behalf from in any manner whatsoever announcing, proceeding or
conducting any Elections of the post of President of Akhil Bhartiya Jangid
Brahmin Mahasabha; and
(iii) A decree of Mandatory Injunction in favour of the plaintiff and against the
Defendants thereby directing the Defendants, their servants, agents,
employees, representatives or anybody acting through them or on their
behalf to open/unlock the Head office of the plaintiff society/Mahasabha at
Jangid Brahmin Bhawan, 440-441, Haveli Haider Quali, Chandni Chowk,
Delhi-110006 and hand over the charge and complete records plaintiff
society to the plaintiff; and

(vi) costs of the suit be awarded to the plaintiffs against the defendants,

(vii) such other, further relief/s in the facts and circumstances of the case as this
Hon'ble Court may deem just and equitable in favour of the plaintiff and
against the Defendant No. 1.

Delhi PLAINTIFFS

DATED: 13-09-2017

THROUGH

(AJAY GARG)

Advocate
GARG & GARG Advocates
408, Ambadeep Building
K.G.Marg, Connaught Place
New Delhi-110002.
Ph: 01143010966, Mob: 9811109663

VERIFICATION:
 Verified at Delhi on this 13th day of September, 2017 that the contents of para
No.1 to 10 of the above plaint are true to my knowledge and the contents of para
No. 11-15 of the above plaint and other legal averments are true according to the
legal advice received and believed to be true. Last para contains prayer to this
Hon'ble Court.

PLAINTIFFS

IN THE COURT OF DISTRICT JUDGE, DISTT. CENTRAL, TIS HAZARI

COURTS, DELHI

CIVIL SUIT NO._____/2017

IN RE:

AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA & ANR.

...PLAINTIFFS

VERSUS

KAILASH CHAND BERNELA (JANGID) & ORS.

...DEFENDANTS
AFFIDAVIT
I, Nand Lal Jangid, General Secretary of Akhil Bhartiya Jangid Brahmin
Mahasabha, head office at: Jangid Brahmin Bhawan 440-441, Haveli Haider Quali,
Chandni Chowk, Delhi-110006, R/o-Charanka Bas, Neemki, Khandela, Sikar,
Rajasthan-332709, at present at Delhi, do hereby solemnly affirm and declare as
under:

1. That I am General Secretary of the Plaintiff No.1 in the above noted case
 and am well conversant with the facts and circumstances of the case, and
competent to swear this affidavit.
2. That I have filed Suit for Declaration, Permanent and Mandatory Injunction
which has been drafted by my counsel under my instructions and directions,
the contents of the same have been explained to me in vernacular language,
which are true and correct to my knowledge and the same may kindly be
read as part and parcel of this affidavit.

DEPONENT
Verification:
Verified at Delhi on this ____ day of September, 2017 that the contents of
above affidavit are true and correct to my knowledge and no part thereof is false
and nothing material has been concealed therein.

DEPONENT
IN THE COURT OF DISTRICT JUDGE, DISTT. CENTRAL, TIS HAZARI
COURTS, DELHI

CIVIL SUIT NO._____/2017

IN RE:

AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA & ANR.

...PLAINTIFFS

VERSUS

KAILASH CHAND BERNELA (JANGID) & ORS.

...DEFENDANTS
AFFIDAVIT
I, Nemichand Sharma (Jangid) President of Akhil Bhartiya Jangid Brahmin
Mahasabha, R/o- B-770, Sapna Nagar, Gandhi Dhaam, Kutch, Gujarat-370201, do
hereby solemnly affirm and declare as under:

1. That I am the Plaintiff No.2 in the above noted case and am well conversant
 with the facts and circumstances of the case, and competent to swear this
affidavit.
2. That I have filed Suit for Declaration, Permanent and Mandatory Injunction
which has been drafted by my counsel under my instructions and directions,
the contents of the same have been explained to me in vernacular language,
which are true and correct to my knowledge and the same may kindly be
read as part and parcel of this affidavit.

DEPONENT
Verification:
Verified at Delhi on this ____ day of September, 2017 that the contents of
above affidavit are true and correct to my knowledge and no part thereof is false
and nothing material has been concealed therein.

DEPONENT
IN THE COURT OF DISTRICT JUDGE, DISTT. CENTRAL, TIS HAZARI
COURTS, DELHI

CIVIL SUIT NO._____/2017

IN RE:

AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA & ANR.

...PLAINTIFFS

VERSUS

KAILASH CHAND BERNELA (JANGID) & ORS.

...DEFENDANTS

MEMO OF PARTIES

1. AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA

(THROUGH ITS GENERAL SECRETARY
SHRI NAND LAL JANGID
HEAD OFFICE AT: JANGID BRAHMIN BHAWAN
 440-441, HAVELI HAIDER QUALI, CHANDNI CHOWK,
DELHI-110006.

2. SH. NEMI CHAND SHARMA JANGID

PRESIDENT
AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA
R/O B-770, SAPNA NAGAR, GANDHI DHAAM,
KUTCH, GUJARAT-370201 …PLAINTIFFS

VERSUS

1. KAILASH CHAND BARNELA (JANGID) (EX. PRESIDENT)

S/O NOT KNOWN
R/O 21-SHANTI NIKETAN
BEHIND BOMBAY HOSPITAL,
INDORE, MADHYA PRADESH (M.P.) Pin: 452010
MOB. 09425319975

2. SH. SHIV NATH SHARMA (EX. SECRETARY)

S/O NOT KNOWN
R/O B-27, SHARMA LANE
STREET NO.6, PANKHA ROAD,
RAGHU NAGAR,
NEW DELHI-110045
MOB. NO.09891374599

3. SH. SURENDER VATS (EX. CASHIER)

S/O NOT KNOWN
R/O A-156 HARI NAGAR GHANTA GHAR,
NEW DELHI-110064

4. SH. B.C. SHARMA

S/O NOT KNOWN
M/S AGRO ENGINEERING
F-35, PLOT NO.4,
 B.K. INDUSTRIAL AREA,
JAIPUR, RAJASTHAN

5. SH. RAMESH CHAND SIDAR

S/O NOT KNOWN
R/O 23, BYAWAR ROAD,
CHANDER NAGAR, AJMER,
RAJASTHAN

6. BASANT KUMAR JANGID

S/O NOT KNOWN
R/O 8, BARANG COLONY
MOTIPURA BADIYA,
AJMER ROAD BYAWAR,
RAJASTHAN …DEFENDANTS

SUIT FOR DECLARATION, PERMANENT AND MANDATORY

INJUNCTION

DELHI PLAINTIFFS

DATED:

THROUGH

(AJAY GARG)
ADVOCATE
GARG & GARG ADVOCATES
408, Ambadeep Building,
K.G. Marg, Connaught Place,
New Delhi – 110001.
Enrl. No. D/139/96 (R)
Mob: 9811109663
IN THE COURT OF DISTRICT JUDGE, DISTT. CENTRAL, TIS HAZARI
 COURTS, DELHI

CIVIL SUIT NO._____/2017

IN RE:

AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA & ANR.

...PLAINTIFFS

VERSUS

KAILASH CHAND BERNELA (JANGID) & ORS.

...DEFENDANTS

INDEX

S. No.PARTICULARS PAGE NO.

1. COURT FEE /MEMO OF PARTIES

2. SUIT FOR DECLARATION, PERMANENT

AND MANDATORY INJUNCTION

3. SUPPORTING AFFIDAVITS

4. APPLICATION UNDER ORDER 39 RULES

1,2 & 3 CPC FOR EX-PARTE AD-INTERIM
STAY WITH SUPPORTING AFFIDAVITS

5. ADDRESS FORM

6. LIST OF DOCUMENTS ALONG WITH

DOCUMENTS

7. LIST OF RELIANCE

8. VAKALATNAMA
9. ONE ADDITIONAL SET OF PLAINT

PLAINTIFFS
DELHI.
THROUGH
DATED:

(AJAY GARG)
ADVOCATE
GARG & GARG ADVOCATES
408, Ambadeep Building,
K.G. Marg, Connaught Place,
New Delhi – 110001.
Enrl. No. D/139/96 (R)
Mob: 9811109663
IN THE COURT OF DISTRICT JUDGE, DISTT. CENTRAL, TIS HAZARI
COURTS, DELHI
CIVIL SUIT NO.___/2017
IN RE:

AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA & ANR.

...PLAINTIFFS

VERSUS

KAILASH CHAND BERNELA (JANGID) & ORS.

...DEFENDANTS

ADDRESS FORM

The address of Plaintiffs is as under:

1. AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA

 (THROUGH ITS GENERAL SECRETARY SHRI NAND LAL JANGID)
HEAD OFFICE AT: JANGID BRAHMIN BHAWAN
440-441, HAVELI HAIDER QUALI, CHANDNI CHOWK,
DELHI-110006

2. SH. NEMI CHAND SHARMA JANGID PRESIDENT

AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA
R/O B-770, SAPNA NAGAR, GANDHI DHAAM,
KUTCH, GUJARAT-370201

…PLAINTIFFS

All the summons, notices orders etc. in connection with the above suit be sent to
me at the address given above.
In case of any change in address the same shall be communicated you with full
particulars and details.
 

PLAINTIFFS
DELHI
DATED: THROUGH

(AJAY GARG)
Advocate
GARG & GARG Advocates
408, Ambadeep Building
K.G.Marg, Connaught Place
New Delhi-110002.
Ph: 01143010966, Mob: 9811109663

IN THE COURT OF DISTRICT JUDGE, DISTT. CENTRAL, TIS HAZARI

COURTS, DELHI

CIVIL SUIT NO._____/2017

IN RE:

AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA & ANR.

...PLAINTIFFS

VERSUS

KAILASH CHAND BERNELA (JANGID) & ORS.

...DEFENDANTS

APPLICATION UNDER ORDER XXXIX RULE 1, 2 & 3 READ

WITH SECTION 151 CPC FOR GRANT OF EX-PARTE AD-
INTERIM INJUNCTION.

MOST RESPECTFULLY SHOWETH:

• That the Plaintiffs have filed the accompanying suit against the Defendants
and the Plaintiffs crave leave of this Hon’ble Court to rely and refer the
contents of above plaint and the same may be read as part and parcel of the
present application.
• That the Plaintiff has a very good prima facie case on merits and the suit filed
by them is most likely to succeed.
• That _______________________.
• That _________________.
• That even otherwise, the Defendants are not executing the sale documents in
favour of the Plaintiffs despite repeated requests, but are trying to create third
party interest in the suit property and forcefully dispossess the Plaintiffs and
their families form the suit property, which is totally illegal and unappreciable
in the facts and circumstances of the present case. In this regard, the plaintiffs
have already given Police complaint and published Public Notice and issued
Legal Notice to the defendants but it appears that they are still adamant in
their illegal designs and are talking to the brokers of the area for fulfilment of
their malafide motives.
• That it is apparent that the Defendants are not interested to perform their part
of the agreements in question and their intention have become malafide,
therefore, the Plaintiffs genuinely and seriously apprehends that the suit
 property will be transferred/third party interest will be created by the
Defendants at any point of time and their possession over the suit property
may be disturbed.
• That in case the Defendants succeed in their illegal designs as mentioned
above, the Plaintiffs will suffer irreparable loss and injury, which cannot be
compensated in terms of damages and as such and it will lead to multiple
litigations.
• That the balance of convenience also lies in favour of the Plaintiff and against
the Defendants.

PRAYER:

It is, therefore, most respectfully prayed that this Hon’ble court may kindly be
pleased to:

• pass an ex-parte ad-interim injunction in favour of the Plaintiffs and against

the Defendants, thereby restraining the Defendants, their servants, agents,
assignees, successors, attorney etc. or anybody on their behalf from
interfering/disturbing the _______________________ during the pendency of
the present suit; and

• restrain the Defendants from transferring, alienating or in any manner creating

third party interest with respect to the suit property during the pendency of the
present suit and preserve the suit property; and

• any other order/relief may also be kindly be passed in favour of the Plaintiffs
and against the Defendants as this Hon’ble Court may deem fit, just and
proper according to the facts and circumstances of the present case.

PLAINTIFFS
DELHI
DATED: THROUGH
 (AJAY GARG)
Advocate
GARG & GARG Advocates
408, Ambadeep Building
K.G.Marg, Connaught Place
New Delhi-110001
Ph: 01143010966, Mob: 9811109663

IN THE COURT OF DISTRICT JUDGE, DISTT. CENTRAL, TIS HAZARI

COURTS, DELHI

CIVIL SUIT NO._____/2017

IN RE:

AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA & ANR.

...PLAINTIFFS

VERSUS

KAILASH CHAND BERNELA (JANGID) & ORS.

...DEFENDANTS
AFFIDAVIT
I, Nand Lal Jangid, General Secretary of Akhil Bhartiya Jangid Brahmin
Mahasabha, head office at: Jangid Brahmin Bhawan 440-441, Haveli Haider Quali,
Chandni Chowk, Delhi-110006, R/o-Charanka Bas, Neemki, Khandela, Sikar,
Rajasthan-332709, at present at Delhi, do hereby solemnly affirm and declare as
under:
1. That I am General Secretary of the Plaintiff No.1 in the above noted case
and am well conversant with the facts and circumstances of the case, and
competent to swear this affidavit.
2. That I have filed Application under Order XXXIX Rule 1, 2 & 3 read with
Section 151 CPC for grant of ex-parte ad-interim injunction which has been
drafted by my counsel under my instructions and directions, the contents of
the same have been explained to me in vernacular language, which are true
 and correct to my knowledge and the same may kindly be read as part and
parcel of this affidavit.

DEPONENT
Verification:
Verified at Delhi on this ____ day of September, 2017 that the contents of
above affidavit are true and correct to my knowledge and no part thereof is false
and nothing material has been concealed therein.

DEPONENT
IN THE COURT OF DISTRICT JUDGE, DISTT. CENTRAL, TIS HAZARI
COURTS, DELHI

CIVIL SUIT NO._____/2017

IN RE:

AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA & ANR.

...PLAINTIFFS

VERSUS

KAILASH CHAND BERNELA (JANGID) & ORS.

...DEFENDANTS
AFFIDAVIT
I, Nemichand Sharma (Jangid) President of Akhil Bhartiya Jangid Brahmin
Mahasabha, R/o- B-770, Sapna Nagar, Gandhi Dhaam, Kutch, Gujarat-370201, do
hereby solemnly affirm and declare as under:
1. That I am the Plaintiff No.2 in the above noted case and am well conversant
with the facts and circumstances of the case, and competent to swear this
affidavit.
2. That I have filed Application under Order XXXIX Rule 1, 2 & 3 read with
Section 151 CPC for grant of ex-parte ad-interim injunction which has been
drafted by my counsel under my instructions and directions, the contents of
the same have been explained to me in vernacular language, which are true
and correct to my knowledge and the same may kindly be read as part and
 parcel of this affidavit.

DEPONENT
Verification:
Verified at Delhi on this ____ day of September, 2017 that the contents of
above affidavit are true and correct to my knowledge and no part thereof is false
and nothing material has been concealed therein.

DEPONENT
IN THE COURT OF DISTRICT JUDGE, DISTT. CENTRAL, TIS HAZARI
COURTS, DELHI

CIVIL SUIT NO._____/2017

IN RE:

AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA & ANR.

...PLAINTIFFS

VERSUS

KAILASH CHAND BERNELA (JAHGID) & ORS.

...DEFENDANTS

1st List of Documents on behalf of the Plaintiff

 PLAINTIFFS
DELHI
DATED: THROUGH

(AJAY GARG)
Advocate
GARG & GARG Advocates
408, Ambadeep Building
K.G.Marg, Connaught Place
New Delhi-110001
Ph: 01143010966, Mob: 9811109663

IN THE COURT OF DISTRICT JUDGE, DISTT. CENTRAL, TIS HAZARI

COURTS, DELHI

CIVIL SUIT NO._____/2017

IN RE:

AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA & ANR.

...PLAINTIFFS

VERSUS

KAILASH CHAND BERNELA (JANGID) & ORS.

...DEFENDANTS

LIST OF RELIANCE
S. No. Contents
1. All other oral, documentary and audio/video evidence including all originals
and/or certified copies of the documents given in the list of documents and
available with the Plaintiff and the Defendants;

2. All the correspondences (electronic or otherwise) between the parties;

3. All other documents which are in the possession of the Defendants related to the
 issues involved in this matter shall be produced or got produced or summoned at
the time of evidence before this Hon’ble Court;

4. All other evidence /documents with the permission of this Hon’ble Court.

PLAINTIFFS
DELHI
DATED: THROUGH

(AJAY GARG)
Advocate
GARG & GARG Advocates
408, Ambadeep Building
K.G.Marg, Connaught Place
New Delhi-110001
Ph: 01143010966, Mob: 9811109663

VAKALATNAMA

IN THE COURT OF DISTRICT JUDGE, DISTT. CENTRAL, TIS HAZARI

COURTS, DELHI
CIVIL SUIT NO._____/2017
IN RE:
AKHIL BHARTIYA JANGID BRAHMIN MAHASABHA & ANR.
...PLAINTIFFS
VERSUS
KAILASH CHAND BERNELA (JANGID) & ORS.
...DEFENDANTS
KNOW ALL to whom these present shall come that I/We ________, General
Secretary of Akhil Bhartiya Jangid Brahmin Mahasabha, AND Nemichand Sharma
(Jangid) President of Akhil Bhartiya Jangid Brahmin Mahasabha, the above named
PLAINTIFFS do hereby appoint:

GARG & GARG

ADVOCATES
AJAY GARG
ADVOCATE
Enrol. No. D/139-R/96
Mob.: 9811109663

(Hereinafter called the advocate/s) to be my/our Advocate in the above noted case
authorize him:-
1.   To act, appear and plead in the above-noted case in this Court or in any other
Court in which the same may be tried or heard and also in the appellate Court
including High Court subject to payment of fees separately for each Court by
me/us.
2.   To sign, file, verify and present pleadings, appeals, cross-objections or petitions
for executions review revision, withdrawal, compromise or other petitions or
affidavits or other documents as may be deemed necessary or proper for the
prosecution of the said case in all its stages subject to payment of fees for each
stage.
3.   To file and take back documents, to admit and/or deny the documents of
opposite party.
4.  To withdraw or compromise the said case or submit to arbitration any
differences or disputes that may arise touching or in any manner relating to the said
case.
5.  To take execution proceedings.
6.  To deposit, draw and receive monthly cheques, cash and grant receipts thereof
and to do all other acts and things which may be necessary to be done for the
progress and in the course of the prosecution of the said case.
7.  To appoint and instruct any other Legal Practitioner authorizing him to exercise
the power and authority hereby conferred upon the Advocate whenever he may
think fit to do so and to sign the power of attorney on our behalf.
8.  And I/We the undersigned do hereby agree to rectify and confirm all acts done
by the Advocate or his substitute in the matter as my/our own acts, as if done by
me/us to all intents and proposes.
9.  And I/We undertake that I/We or my/our duly authorized agent would appear in
Court on all hearings and will inform the Advocate for appearance when the case is
called.
10. And I/We the undersigned do hereby agree not to hold the advocate or his
substitute responsible for the result of the said case.  11. The adjournment costs
whenever       ordered by the Court shall be of the Advocate which he shall receive
and retain for himself.
12. And I/We the undersigned to hereby agree that in the event of the whole or part
of the fee agreed by me/us to be paid to the advocate remaining unpaid he shall be
entitled to withdraw from the prosecution of the said case until the same is paid
up.  The fee settled is only for the above case and above Court.  I//we hereby agree
that once fee is paid, I/We will not be entitled for the refund of the same in any case
whatsoever and if the case prolongs for more than 1 year the original fee shall be
paid again by me/us.   
IN WITNESS WHEREOF I/We do hereunto set my/our hand to these presents the
contents of which have been understood by me/us on this _____ day of September,
2017.
      Accepted subject to the terms of the fees.
 

(AJAY GARG)
ADVOCATE CLIENT CLIENT
Off:408, Ambadeep Building, K.G.Marg,Connaught Place,New Delhi-110001,Ph:
43010966 Mob. 9811109663.