JUDGMENT - B.C. GADGIL, J.:--- Plaintiff in Suit No. 5692 of 1963 of the file of the City Civil Court, Bombay, has preferred this appeal against the dismissal of his suit on the ground that the suit against the defendant co-operative society is not maintainable in the absence of a notice under section 164 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act').

2. This appeal was originally placed before the learned Single Judge Sharad Manohar, J., for hearing. On June 20, 1984 the learned Judge passed the following order :

"In view of the important question of law relating to the interpretation of section 164 of the Co-operative Societies Act involved in this appeal, the appeal is referred to a Division Bench. Liberty is given to the appellant to move the Division Bench for a fixation of early date of hearing".

On the basis of this order the office has placed this matter before the Division Bench for hearing.

3. In order to understand the controversy between the parties it will be necessary to refer to a few facts. The defendant is a Co-operative Society registered under the Act. It appears that the defendant purchased a plot of land bearing No. 69,

Click Here to Read the rest of this document