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1997 Supreme(AP) 533

R.BAYAPU REDDY
KONA RAMU – Appellant
Versus
PAYAKARAOPETA PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY Ltd. , PAYAKARAOPET, VISAKHAPATNAM DIST. – Respondent


R. BAYAPU REDDY, J.

( 1 ) THIS revision is filedby the plaintiff in the unnumbered suit in G. R. No. 1389, dated 15-3-1994 against the orders of the Principal District Munsif, yellamanchili dated 26-7-1994 by which the plaint filed by him was rejected under Order 7 Rule ll (d) C. P. C.

( 2 ) THE petitioner had filed the suit against the respondents 1 to 3 seeking the relief of declaration that the loan No. 24403, dated 30-7-1992 and another loan No. 24676, dated 4-8-1992 said to have been granted by the first respondent society to him are null and void and for consequential relief of permanent injunction restraining the defendants from proceeding against him and his properties for realising such loans. The Office took an objection in the lower court that the suit is not maintainable for want of notice under Section 126 of A. P. Co-operative Societies Act, 1964 (for short the Act ).

( 3 ) AFTER hearing the contentions of the learned Counsel for the plaintiff the lower Court came to the conclusion that the suit was not maintainable for want of notice under Sec. 126 of the Act 1964 and as such the plaint was rejected under Order 7 Rule11l (d) C. P. C. Questioning such orders of the lo








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