The Plaintiffs-Applicants have taken out this Notice of Motion, as Summary Suit under Order XXXVII of the Code of Civil Procedure (for short, CPC) and Summons For Judgment arising out of the same, were dismissed on 11 November 2011 as none appeared for the Plaintiffs and the Court has passed the following order on merits:-

“None appeared for the Plaintiffs though called out twice.

2. Heard the learned counsel appearing for the Defendants. Without going further into the merits of the matter admittedly, no statutory notice as contemplated under Section 164 of the Maharashtra Co-operative Societies Act, 1960 was issued and as there is no averments made into that effect, in my view, on this ground itself as the Suit itself is not maintainable, the present Summons for Judgment is disposed of. There shall be no order as to costs.

3. The Suit as well as the Summons for Judgment are accordingly disposed of.”

2. Admittedly, none appeared for the Plaintiffs. The Court heard the Defendants-Respondents and passed the order on merits of the matter by dismissing the Suit itself and so also the Summons For Judgment.

3. The learned Counsel appearing for the Respondents-original Defe