Case in city civil court & high court

Rahul (Querist) 10 December 2011 This query is : Resolved
My query is as under.

If non signing members of society has filed a suit in civil court and has also done criminal cases on Redevelopment commitee (RDC) and builder with regards to redevelopment then I want to know weather RDC and builder can directly go to high court against members??

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ABHIJEET PARIKH (Expert) 10 December 2011
If u want that the matter stand before high court the petition should be strong enough to stand before high court

Other way both the parties can file a case in civil against non signing member

If ur in maharastra then plz refer harini co-op society matter in which non signing member went till supreme court to fight for its right and ultimately got more area n corpus then rest of its members

Raj Kumar Makkad (Expert) 10 December 2011
As the matter is subjudice before civil court so builder and RDC has no other option but to defend their case there and if they find any grouse therein then they can also move to high court if CPC provisions so allow.

Devajyoti Barman (Expert) 11 December 2011
Unless the any order of the civil court is challenged before high court, the said persons can not go directly to the high court.
However if that particular high court has got Letters Patent then by virtue of its Ordinary Original Jurisdiction can entertain certain civil suit directly filed before it.