Bombay High Court
Q.M.Chaudhary and another
Versus
Homestead Premises Co-operative Society Ltd. and others
Decided On:

Headnote:Section 94 (3) (a) - Civil Procedure Code, 1908 - Sections 149, 141, 4 Explanation 2 and Order 9 - Maharashtra Co - operative Societies Rules, 1961 - Rule 58 - Ex parte award - Co - operative Court was a Court of civil jurisdiction and a dispute before the Co - operative Court was a dispute of civil nature - It covers the proceedings under Order 9 of C. P. C. which refers to the application for setting aside the ex parte decree - Lacuna in the Act and Rules Procedure laid down in the C. P. C. to be followed - Held, application before the trial Court for setting aside ex parte order vacating the Injunction granted earlier was maintainable and cannot be said to be not maintainable.

       Rule 58

       See Maharashtra Co-operative Societies Act, 1960-Section 94 (3) (a) Civil Procedure Code, 1908, Sections 149, 141, 4, Explanation and 2 and order 9.

       For Citation : 1988 CTJ 261