Delhi District Court
Sh. Rajeev vs Sh. Radha Krishan Shrimali on 8 March, 2007
1
IN THE COURT OF SH. JITENDRA MISHRA CIVIL JUDGE TIS
HAZARI COURTS DELHI
SUIT NO. 829/02
SH. RAJEEV,
S/O SH. RAM SAROVAR PRASAD SINGH,
R/O 210, VILLAGE DHAKA, KINGSWAY CAMP,
DELHI-9. .....PLAINTIFF
VS.
1 SH. RADHA KRISHAN SHRIMALI,
S/O SH. MULTAL CHANDER SHRIMALI,
2 SH. SURESH SHRIMALI,
S/O SH. RADHA KRISHAN SHRIMALI.
3 MRS. INDU SHRIMALI,
W/O SH. KAMAL SHRIMALI,
ALL R/O 18-20A, HIGH COURT COLONY,
JODHPUR, RAJASTHAN.
4 SH. SAWAN GUPTA,
PROP. M/S MANOJ PUBLICATION,
761, MAIN ROAD, SANT NAGAR,
VILL. BURARI, DELHI-110009. .....DEFENDANTS
JUDGMENT
1 Vide this order I propose to decide this suit for 2 damages/compensation.
2 The brief facts and particulars of the case are that the plaintiff is resident of the aforesaid address and is a man of ordinary prudence with deep religious faith in vedic scriptures/sanskriti and astrology. The deft no. 1 was introduced to the plaintiff by the deft no. 4 as a man of great religious learning and renowned astrologer who is author of more than 100 books of astrology and about 500 essays on the same subject and is recipient of scores of Honrary and literary degrees and awards on the subject of astrology and religion. Some of the degrees and award conferred on the deft no. 1 is mentioned in the introduction of his latest book titled jyotish and Dhanyog which is given below in Hindi vernacular.
3 It is averred that highly impressed by the Honrary and academic achievement of the deft no. 1, the plaintiff purchased the book titled "'JYOTISH AND DHANYOG' 3 on 1.6.01 from Delhi Railway Station, (Main) written by the deft no. 1 and edited by deft no. 2 and 3 published by deft no. 4 who also are made necessary party in the suit. ON cursory study of the introduction and post script written on the front and back title page of the said book, the plaintiff found that the deft no. 1 also claims that in case the reader of this book want to become owner of unlimited wealth and fortune and also want to win over the unfavourable tide of the time or want to convert dust into gold them reading of this book is boon for them and one can achieve its dream by practicing various easy tips in the book as the success is bound to become their slave. On detail study of the book and after consulting various Ld Pandit and Acharyas and other scholors on the aforesaid subject and also after taking expert opinion, the plaintiff came to the conclusion that the defts no. 1 to 3 have totally misused the word Dhanyog in the entire book and hardly 4 there is any useful material on the subject of astrology. It is submitted that most of the material given in the book is either rubbish or irrelevant in context of the title of the book, however, the defts have given many vedic Mantras and Yantras for worship of Godess Maha Laxmi by waring and practice of which a devotee can win over the favour/blessing of the Godess and can also become owner of unlimited wealth and fortune. The deft no. 1 to 3 have also suggested that for good result each Mantras should be recited at least for on lakh time by the devotee personally or through a pure hearted Brahman who has expert knowledge to perform all religious rites. 4 It is claimed that plaintiff spent a sum of Rs. 50,000/- to do the various Hawan Pooja and Yantras on the assurances and suggestions of deft no. 1 specially as suggested in his book titled as JYOTISH AND DHANYOG but in vain, however, the plaintiff sill persisted 5 and he visited many religious places like Haridwar, Rishikesh, Uttarkashi and other places and he spent further sum of Rs. 20,000/- to every time to please the goddess proved futile and plaintiff suffered further public humiliation. It is claimed that the plaintiff has learnt that the deft is only a BeD, M. A and has little knowledge of astrology and religion and is claimed bogus and boastful and he is habitual cheat and a bog fraud.
5 It is also claimed that defts no. 1 to 4 have played a calculated fraud by writing, editing and printing the book Jyotish and Dhanyog with intention and knowledge to play fraud with its reader which includes the plaintiff by giving false assurances of becoming rich by practicing Mantras and other including dubious means of Yantras and Astrology which has caused monetary loss, mental pan and agony to the plaintiff, the details of which is given below:-
(i)Loss of money including of material for Havan, 6 Pooja and other exper consultation etc Rs.
50,000/-.
(ii)Traveling expenses Rs. 10,000/-
(iii)Misc. expenses for preparing Yantras etc. Rs.
10,000/-.
(iv)Mental pain and agony Rs. 50,000/-.
Total Rs. 1,20,000/-.
Hence, the suit for recovery.
6 Only deft no. 4 has filed his WS wherein he has
claimed that suit has been filed without applying mind and only on basis of misconception with a view to harass the deft. It was claimed that deft no. 1 is a renowned publisher of Delhi in the name and style of Manoj Publication for many years and has been buying manuscripts from many authors on various subjects including astrology and religions.
7 It was claimed that the deft no. 1 Sh. Radhu 7 Krishan Shrimali has been a good name in the publishing world and there is no doubt about his having authored more than 100 books on astrology and other subjects. The answering deft when came to know about the aforesaid author he assigned him job of writing books for him and in that regard entered an agreement with Sh. Radha Krishan Shrimali on 11.6.1998. In that agreement the answering deft had asked the aforesaid author for writing about 10 books and it was specifically mentioned in that agreement that whatever was written or given in the said books, the answering deft had no knowledge about the subject and the contents and if there was any litigation occurring/taking place any where in India due to the subject and contents of the books written by the aforesaid author, the aforesaid author shall be fully responsible for cost and consequences. Hence, the answering deft is not liable to compensate to the plaintiff in any case.
88 It was claimed that so far as the subject of astrology or religion is concerned is purely one's own faith and nobody is bound to obey this art which is in practice since time immemorial. People in India and abroad believe astrology and also practice it and till date nobody has challenged this art which is no doubt not a perfect science but based on one's deep faith and devotion towards their deities etc. There are number of instances from the time of Ramayana to till date where different astrologers and saints had done predictions that came true in future. Hence, this has been our culture which can not be challenged. The present petition is an attack on our culture and mythology. It is not in this book but in most of the mythology books given that by doing worship of various Gods and Goddesses one can achieve material wealth, peace of mind and prosperity; but this all depends on the way of worship, right pronunciation of various mantras etc also if the 9 worship is not greedy of selfish heaving a pure heart. But in the present petition the plaintiff himself is apparently a greedy person who has allegedly practiced various mantras etc for material gains and failed and now he is blaming the answering deft and others for the same for his own wrongs. Accordingly, it is claimed that suit is liable to be dismissed. 9 Remaining defts failed to appear and hence, they were proceeded ex-parte.
10 However, subsequently, deft no. 4 also stopped appearing and he was also proceeded ex-parte. 11 Plaintiff has filed his evidence by way of affidavit wherein he has deposed on the same lines as his case set out in the pleadings. Ex. PW1/A is the book Jyotish and Dhanyog. Ex. PW1/B is cash receipt of Rs. 50/- of purchase of book.
12 Based on pleadings it is clear that the case of the plaintiff is basically the case of trying to strike richness 10 without hard work and the usual mode of achieving prosperity. The plaintiff was looking forward to achieve prosperity through easy means and even after repeated failures he still persisted and has gone ahead to spend the sum she has claimed to have spent. In the circumstances, it is clear that the plaintiff has taken the task as a business task and has spent money on a business venture which was likely to produce wealth out of air. But like every business venture there is no guarantee of success. Similarly, in this case also the plaintiff's business venture failed and he has lost his money. An ordinary prudent person though he might read any book but is generally not an amenable to follow the same if it is not the part of common and accepted form of doing things. The suit of plaintiff is borne out of frustration and it fails to make out a case of grant of relief and is liable to be dismissed. Suit is accordingly dismissed. File be consigned to R/R after 11 drawing of decree sheet.
Announced in open (Jitendra Mishra) court today on 8.3.07 CJ/Delhi.