JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---Rule, returnable forthwith. Respondents waive service. By consent taken up for hearing and final disposal.

2. By the impugned order dated 17th October, 2001, the learned Civil Judge, Senior Division Bench, Panvel, has dismissed the application filed on behalf of applicants praying that the plaint be rejected under the provisions of Order 7, Rule 11(d) of the Code of Civil Procedure, 1908, on the ground that a notice prior to the institution of the suit, under section 164 of the Maharashtra Co-operative Societies Act, 1960, had not been given. The First Applicant, it is an admitted position and fact, is a Co-operative Housing Society duly registered under the Maharashtra Co-operative Societies Act, 1960. The first applicant is a Tenant Co-partnership Housing Society, (within the meaning of Rule 10 of the Maharashtra Co-operative Societies Rules, 1961). Tenant Co-partnership Housing Societies are housing societies which hold the land as well as the buildings either on leasehold or on a free-hold basis for the purpose of allotment to their members. In the present case, during 1995-96, various members of the first applicant-Society were allotted p

Click Here to Read the rest of this document