JUDGMENT - N.P. CHAPALGAONKAR, J. :---This Second Appeal raises a question whether the dispute about the removing a member from the membership of a proposed Society which arose before the Society was registered could be decided by the Civil Court or it will to go before the machinery created under the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "Co-operative Societies Act" for the purpose of brevity).

2. Plaintiff/appellant Kapurchand Jain filed Regular Civil Suit No. 187/1968 in the Court of Civil Judge (Junior Division), Amalner, against 13 persons describing them to be the members of Shri Dutta Co-operative Housing Society Ltd., Amalner (District : Jalgaon), for the following reliefs :---

(A) That, it be declared that the plaintiff is a member of the defendant Institution,

(B) Defendant Institution be directed to give accounts and amount of the profit.

(C) He be given 1/14th share of the land described in para 3 of the plaint by effecting partition, and

(D) In the alternative, Rs. 2,000/- for the costs along with interest thereon.

It is the case of the plaintiff that the plaintiff is the member of the defendant Institution and the defendant Institution has

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