Bombay High Court
Nashik District Bakery Utpadak Co-operative Society Ltd.
Versus
Babe Khan Gulab Khan and others
Decided On:

Headnote:Section 11, Order 2, Rule 2-Maharashtra Co-operative Societies Act, 1960-Section 94 (1) (d)-Res judicata-Applicability of-Filing of two disputes-Issue in the earlies dispute directly or substantially an Issue in the subsequent dispute-In earlier dispute, amount involved same, party-defendant respondent No. 1 but in subsequent suit two more parties added-Trial Court held that the second dispute was barred by the principles of res judicata-It was a case of misjoinder of cause of action-Held, Section 94 (1) (d) of the Maharashtra Co-operative Societies Act was analogous to the provisions of Order 2, Rule 2, C. P . C.-The order of trial Court was correct and hence confirmed.

       Section 11, Order 1, Rule 1.

       See Maharashtra Co-operative Societies Act, 1960-Section 94 (1).

       For Citation : 1988 CTJ 541