Judgment

MITTER, J. : This is an appeal from a judgment and decree of the Patna High Court on a certificate granted by it.

2. The main question in this appeal is; whether the suit out of which this appeal arises was entertainable by a civil Court, in view of the provisions of S. 48 (1) read with S. 57 of tire Bihar and Orissa Co-operative Societies Act, 1935. Broadly speaking, Section 48 (1) enumerates disputes between certain classes of persons and/or the societies registered under the Act which have to he referred to the Registrar of Co-operative Societies for adjudication and S. 57 (1) provides that no civil Court shall have jurisdiction in respect of any dispute required by S. 48 (1) to be so referred. This point was not taken in the written statement of any of the defendants. The Subordinate Judge decreed the suit against several of the defendants including the Bank of Bihar Ltd. On appeal, the learned Judges of the Patna High Court concurred, in the main, with the findings of the Subordinate Judge but gave effect to the contention raised on behalf of two of the defendant-appellants on the basis of S. 48 (9) read with S. 57 of the Act. The appellants before this Court are the pl