SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1996 Supreme(Mad) 1100

N.V.BALASUBRAMANIAN
Mattadhari Primary Agricultural Co-op. Bank – Appellant
Versus
Saroja Ammal and Another – Respondent


Advocates:
R. Vijayakumar, Advocate for Petitioner.

Judgment :

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









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top