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1943 Supreme(Cal) 40

Meherdi Munshi – Appellant
Versus
Inspector, Co-operative Societies, Golpara circle and Ex. Officio Liguidator, Tiamari Janahari Manohari Goalia Bank Under Liquidation – Respondent


JUDGMENT

1. The plaintiff is the appellant in this case and the appeal arises with reference to a suit brought by the plaintiff for a declaration that an Order of contribution made by the liquidator of a certain co-operative banking society was null and void. The Order in question purported to have been made under the provisions of section 42 (2)(b), Co-operative Societies Act and was in respect of the sum of Rs. 261-7-0. The plaintiff's case was to the effect that there had been no proper compliance with the rules framed by the Government of Assam u/s 43 of the Act as no proper enquiry had been held and no evidence was taken by the liquidator before the issue of the order.

2. The suit was defended by the Inspector of Co-operative Societies, Goalpara, who had been appointed as liquidator of the society under the provisions of section 42 (1), Co-operative Societies Act. His case was to the effect that the suit was not maintainable, that it was barred by limitation and that contribution Order had been legally made. Both the Courts below decided that the liquidator's Order was legal and, further, the lower appellate Court held that the plaintiff's suit was barred by limitation. It is, h

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