JUDGMENT :

Tarlok Singh Chauhan, J.

The moot question that arises for consideration in this petition under Section 115 of the Code of Civil Procedure is whether the notice under Section 76 of the Himachal Pradesh Co-operative Societies Act, 1968 (for short 'Act'), even if held to be mandatory in the given facts and circumstances of the case, can be waived of by a party.

2. It is not in dispute that the plaintiff/respondent filed a suit for recovery of Rs.19,36,189/- and the same is now pending adjudication before the learned Senior Civil Judge, Kinnaur at Reckong Peo.

3. The petitioner/defendant not only filed the written statement, but thereafter filed a counter-claim also. However, the further admitted position is that neither in the counter-claim nor in the written statement was the objection with regard to non-service of notice under Section 76 of the Act taken by the petitioner/defendant. It is only when the case was listed for recording of the statement of Dev Singh, plaintiff that the petitioner/defendant filed an application for rejection of the plaint under Order 7 Rule 11(d) read with Section 151 of CPC. It is averred that since the suit had been instituted without serving th