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1982 Supreme(P&H) 263

G.C.MITTAL
Om Parkash – Appellant
Versus
Dodewala Co-operative Agricultural Service Society – Respondent


Judgment

G.C.Mital, J.

1. Dodewala Cooperative Agricultural Service Society (hereinafter referred to as `the Society) got a certificate dated 6th June, 1978,issued from the Deputy Registrar, Cooperative, Societies, Ferozepore, in their favour in the sum of Rs. 9,615/- and against Om Parkash under Section 67-A of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as `the Act). When the recovery was sought to be made, Om Parkash came to know about the certificate and filed present suit for permanent injunction restraining the Society from executing or making recovery from him on the basis of the aforesaid certificate, and the main plea was that no notice was issued to him before the issue of certificate because section 67(2) of the Act, specifically provided that an opportunity of being heard had to be afforded before the grant of any such certificate. It was also pleaded that section 67-A of the Act could be resorted only against a member and that he was not a member. In para No.4 of the plaint,it was specifically pleaded as follows :-

"....... thus a notice for three months stating the cause of action was served on the Registrar, Co-operative Societies, Punjab, Chan








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