N.V.BALASUBRAMANIAN
Mattadhari Primary Agricultural Co-op. Bank – Appellant
Versus
Saroja Ammal and Another – Respondent
1. The Civil Revision Petitioner is the second defendant and the first respondent is the plaintiff and the second respondent is the first defendant in the suit.
2. The Civil Revision petitioner is a Co-operative Society. The first respondent/plaintiff has filed the suit O.S. No.97 of 1993 on the file of the District Munsif, Arni, for a declaration that the suit property belongs to the plaintiff and for a permanent injunction against the defendants. The second defendant has filed a written statement wherein he has raised an objection that the Civil Court has no jurisdiction to entertain the suit, as the matter falls within the purview of the Tamil Nadu Co- operative Societies Act, 1983 and the Rules framed thereunder. The second defendant raised an objection that there was a valid award passed against the first defendant for a sum of Rs. 1,05,981.60, and the plaintiff, who is the sister of the first defendant, has instituted the suit with a view to harass the second defendant. The petitioner filed an application under Order 14, Rule 2, C.P.C. and claimed that the question of jurisdiction may be tried and decided as a preliminary issue. The lower Court posed the question
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