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1940 Supreme(Mad) 104

PANDRANG ROW
Kuppu Govinda Chettiar – Appellant
Versus
Uttukottai Co-operative Society by its Liquidator – Respondent


JUDGMENT

Pandrang Row, J.

1. These are appeals from the decree in two connected suits O.S. Nos. 1 and 12 of 1935, on the file of the District Court of Chingleput. The plaintiff was the same in both the suits and the defendant also was the same. The plaintiff is the appellant and the defendant who is the respondent in these appeals, was described as the Uttukottai Co-operative Society by its Liquidator. The suits were for a declaration that certain orders made in 1933 and 1932 by the Liquidator of the Co-operative Credit Society in question determining the contribution payable by the plaintiff in the suits at Rs. 8,000 and Rs. 2,000 respectively were illegal and void and of no effect whatever as against the plaintiff. The suits were resisted on various grounds and they were tried together and disposed of in one and the same Judgment by the District Judge. It is an unfortunate feature that in this case judgment was pronounced by the Court below more than a year after case had been closed.

2. On all the points except one, the findings of the Court below were in favour of the plaintiff. But the suits were dismissed, though without costs, on the sole ground that no notice had been given as










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