S.N. Mallick, J.

The instant revisional application under s. 115 of the Code of Civil Procedure has been preferred by the defendants/petitioners against Order No. 11 dated 28.8.95 passed by the learned Assistant District Judge, 1st Court, Krishnanagar, Nadia in Money Suit No. 32 of 1995 rejecting their application under s. 21 read with s. 9 of the Code of Civil Procedure and under s. 95(1) read with s. 134(d) of the West Bengal Cooperative Societies Act, 1983.

2. In the said application the defendants took the plea in their application that the above Money Suit filed by the plaintiff/opposite party, The Krishnanagar City Co-operative Bank Limited against them for a money decree of rupees 5,71,000/- along with a decree for compensation tentatively assessed at Rs. 100/- was not maintainable in law before a Civil Court for being barred under s. 95(1) and s. 134(d) of the West Bengal Co-operative Societies Act, 1983 (hereinafter referred to as the 'Act").

3. Admitted or undisputed facts on record are as follows :

The defendant/petitioner No. 1 is an employee of the plaintiff Co-operative Bank. In fact, he is the Assistant Cashier of the opposite party now under suspension. The peti