The main legal point established in the judgment is the jurisdiction of the Civil Court in a dispute regarding membership in a Co-operative Society and the applicability of Sections 102 and 145 of the West Bengal Co-operative Societies Act, 2006.

Shivakant Prasad, J.

In this revisional application the petitioner/defendant no. 3 on being aggrieved by the Order No. 47 dated September 19, 2016 passed by the learned Judge, 6th Bench, City Civil Court at Calcutta in Title Suit no. 703 of 2013 (Anamika Choudhury v. Embassy Co-operative Housing Society Limited) has impugned the said order, inter alia, on the grounds that learned Court below has acted illegally with material irregularity by deciding to hear analogously the petitioner's application under Order 7 Rule 11(d) as well as the application of the petitioner/opposite party for amendment of the plaint under Order 6 Rule 17 of the Code.

2. It is contended that the plaint case reveals a challenge of the action on the part of the defendant no. 1 which is a dispute referable to the Registrar under the West Bengal Co-operative Societies Act, 2006 as the suit before the Trial Court is barred under Sections 102 and 145 of West Bengal Co-operative Societies Act, 2006 because the reliefs claimed by the plaintiff in the plaint is against the Co-operative Society and defendant no. 1 of the suit. The cause of action as made out in the plaint is as under—

“That the CAUSE of ACTION for the above mentioned suit firstly arose on 18th January, 2011, when the Plaintiff by her written letter/representation had requested the Defendant No. 1 to transfer the extent of the share of her deceased father, to her as his sole Nominee, with regard to the suit property and when the Plaintiff was physically obstructed and illegally restrained by the men, agents and staffs of the Defendants No. 1 to 3 and further arose on 27th April, 2013 and the same continues till date. The cause of action of this suit arose at Premises No. 4, Shakespeare Sarani, P.S Shakespeare Sarani, Kolkata-700-071m which is situated within the jurisdiction of this learned Court.”

3. It would also be apt to reproduce the prayer as made in the plaint as under—

(a) A DECREE for DECLARATION, that the Plaintiff is entitled to use, enjoy and occupy the entire suit premises with all its amenities and facilities including uninterrupted water and electric supply unto the suit premises;

(b) An Order of PERMANENT INJUNCTION thereby restraining the Defendants including their men, agents, servants and associates from creating any sort of disturbances and/or impediment in any form or in any manner whatsoever in enjoyment of the entire suit premises including parking of car in its earmarked space and free ingress and egress to and from the suit premises with uninterrupted water and electric supply to the suit premises.”

4. It is submitted that though the cause of action in a suit is a bundle of facts made in the plaint nevertheless the lis is against the defendant no. 1 Co-operative Society as reflected from a letter dated 16th January, 2011 of the plaintiff requesting to transfer the extent of share of her deceased father namely, late Kalyan Choudhury to her as his sole nominee with regard to the suit property.

5. Having entered appearance, the petitioner/defendant no. 3 filed an application under Order 7 Rule 11(d) read with Section 151 of CPC. It is submitted by Mr. Siddhartha Mitra, learned Advocate for the petitioner by inviting my attention to paragraph 8 of the plaint that since the plaintiff/opposite party has raised a dispute with regard to membership before the defendant no. 1, the plaint requires rejection as barred under the provision of Section 145(2) of the West Bengal Co-operative Societies Act, 2006 which provides that save as provided in the said Act no Civil Court or Revenue Court or Consumer Disputes Redressal Forum shall have jurisdiction in regard to anything done or any action taken or any order passed under this Act and in particular in regard to (d), any dispute required to be referred to the registrar under Section 102 of the said Act which provides that the disputes of the nature shall be filed before the Registrar of the Co-operative Societies. Section 102(4) prov