1. Defendant No. 3/petitioner is aggrieved by order dated 8.2.2002 passed in Title Suit No. 11 of 1998 by the Execution Munsif, Patna rejecting the objection with regard to maintainability of the suit raised by him and holding that the dispute in the suit is not within the purview of Section 48 of the Co-operative Societies Act, 1935 (hereinafter referred to as the Act) and as such the same is not barred under Section 57 of the Act.

2. Admitted fact is that defendant No. 1 Lalit Niketan Sahkari Grih Nirman Samiti Ltd. who is opposite party No. 2 in this civil revision application is a society registered under the Act and opposite party No. 3 Kameshwar Prasad Singh arrayed as defendant No. 2 in the suit is the Secretary of the said Committee. According to bye laws of the Society its business is to acquire lands in its name and then by sub-dividing into smaller plots sell them to its members. The said Society acquired survey plot Nos. 2911 and 2915 in the town of Patna and divided into sub-plots and sold to its members including plaintiff/ opposite party No. 1 and defendant No. 3/ petitioner. The Plot No. B-26 was sold to the plaintiff/ opposite party No. 1 and plot No. B-29