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1978 Supreme(Raj) 406

S.K.M.LODHA
Shri Ram Purusharthi Cooperative Society Limited Ujjain – Appellant
Versus
Dinesh Trading Co. Pali – Respondent


Advocates:
For the Petitioner:P.K. Bhansali, Advocate.
For the Non-petitioner:K.C. Samdaria, Advocate.

JUDGMENT

1. - This rule, at the instance of the defendant No. 1 is directed against the order dated January 30, 1978, passed by the learned Munsif, Pali, in civil suit No. 162 of 1975.

2. Non-petitioner No. 1 is the plaintiff. Non-petitioners Nos. 2 & 3 are defendants Nos. 2 & 3. The plaintiff-non-petitioner No. 1 instituted suit against the defendant-petitioner and non-petitioners Nos. 2 and 3 for Rs. 4867/- in the court of Munsif, Pali on November 20, 1975 averring that the plaintiff has supplied goods to defendant No. 1 on credit and that a sum of Rs. 4887/- is outstanding against defendant No. 1. It was also stated by the plaintiff that defendant No. 1 is a co-operative society registered under the provisions of the Madhya Pradesh Cc-operative Societies Act, 1960 (No. XVII of 1961)(for short, 'the Act') Defendant No. 1 was served with the notice on the suit for appearing on April 30, 1976 and on that day, an application was filed inter alia stating that according to Section 82(c) of the Act, any dispute touching the constitution, management or business of a society is required to be referred to the Registrar, or his nominee or Board of Nominees and the civil court has got no jur



















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