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1960 Supreme(Ker) 226

M.MADHAVAN NAIR
Narayana Pillai – Appellant
Versus
Easwara Pillai – Respondent


Judgment :-

1. The plaintiff, whose suit for recovery of certain sums from a co-operative society has been dismissed by both the courts below, is the appellant in this Second Appeal. It is admitted that the plaintiff was a member of the Cooperative Society. Plaintiff stated that he had advanced certain loans to the Society before he became a member of the society and that he was in the employ of the Society for over three years for remuneration promised, and that, on account of all these, amounts are due to him besides what he has remitted as share value to the Society. He has filed this suit for settlement of accounts and recovery of the amounts that may be found due from the Co-operative Society. The learned Munsiff held that since the plaintiff is a past member of the Cooperative Society the suit is barred by S.60 of the Travancore-Cochin Co-operative Societies Act, 1951. When the matter was taken in appeal, the learned Subordinate judge upheld the Munsiff. Hence this Second Appeal by the plaintiff.

2. There is one vital defect in the frame of this suit, viz., that the Cooperative Society against whom the claim is made, has not been made a defendant in the suit. The learned couns












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