846/2010 Suit MRS.PARVEEN AKHTAR (Plaintiff) V/S LUCKNOW C.H.S.& ORS. (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 13-MAR-14
Co-operative Societies Act (VII of 1925)--- ----Ss. 54 & 70---Civil Procedure Code (V of 1908), O. VII, R. 11 & S. 9---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Rejection of plaint---Notice---Requirement---Cancellation of allotment---Scope---Contention of defendant was that plaintiffs were bound to send notice to the Registrar before filing suit against the society--- Validity--- Plaintiffs were members of society and byelaws of the society were binding on them---Allotment of plots was cancelled on the basis of scrutiny of file by the society---Plaintiffs were at issue with the society and dispute was of civil nature with regard to business of society---Society had allotted plots to the plaintiffs and had cancelled the same by acting on its byelaws---If allotment of plots to its members was the business of society then cancellation of said allotment on scrutiny of files of its members on findings that allotments were in violation of byelaws or any other relevant rules and regulation was also business of society---Dispute should be referred to the Registrar for its resolution being a mandatory requirement of S. 54 of Co-operative Societies Act, 1925---Registrar of Society was empowered to decide even complicated question of law and facts---Plaintiffs should have taken their dispute with the society to the Registrar and if they were not willing to avail arbitration for redressal of their grievance then they were bound to send notice to Registrar before filing suit against the Society---Plaintiffs had not sent any notice to the Registrar, Co-operative Societies that they were aggrieved by action of the society and they proposed to take the Society to the court---Ss. 54 & 70 of Co-operative Societies Act, 1925 had provided first a statutory remedy of arbitration to the aggrieved party and then to avail jurisdiction of civil court to try such dispute of civil nature---Courts were not supposed to assume the jurisdiction of competent forum available within the statute governing the issues and relations between the parties---Civil court could not try and adjudicate the dispute with regard to business of a society---Civil court could not usurp the power of statutory forum to take cognizance of such dispute of civil nature in presence of such statutory forum---Plaint was rejected in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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