Defendant No.7 in O.S.No.468/2012 is challenging the correctness and legality of order passed by II Civil Judge, JMFC, Mysore, dated 06.09.2013, whereunder objection raised by defendant No.7 regarding maintainability of suit for want of notice issued under Section 125 of the Cooperative Societies Act, 1959 (for short the ‘Act’), has been rejected and plaintiff has been permitted to proceed with the suit, has been called in question in this revision petition.

2. I have heard the arguments of Sri. S.P. Kulkarni, learned counsel appearing for revision petitioner – defendant No.7 and Sri. Sunil Kumar P. Bangari, learned counsel appearing on behalf of Sri. M. Shivaprakash, for respondent Nos.1 (a) to 1(e). Respondents 2 to 7 are served and unrepresented.

3. Short point that is involved in this revision petition is:

“Whether objection raised by defendant No.7 before trial Court regarding non-maintainability of suit for want of issuance of notice by plaintiff under Section 125 of the Cooperative Societies Act, 1959, was required to be upheld held by trial Court?”

4. Plaintiff – deceased Sri. Vaikuntegowda instituted a suit in O.S.No.468/2012 against defendants for partition and sep