MATHUR, C.J.:- This is a revision under Section 115 of the Code of Civil Procedure by Charan Singh, defendant, to challenge the order of the civil Judge, Roorkee, deciding the preliminary issue in favour of the Plaintiff, the Iqbalpur Co-operative Cane Development Union Ltd., by holding that the suit was cognizable by the Civil Court and Rule 115 of the U.P. Co-operative Societies Rules was not a bar to the jurisdiction of the Civil Court.

2. The material facts of the case, in brief, are that the plaintiff society instituted the present suit for the recovery of Rs. 99,300/- from the defendants jointly and severally or from any of the defendants to the extent they were liable. The defendants were the officers of the plaintiff Society who are alleged to have, in pursuance of conspiracy, committed embezzlement and other acts of misappropriation etc. It appears that a sessions trial under Sections 409 and 120-B. I. P. C. is also, pending against the defendants.

3. The defendants raised an objection to the jurisdiction of the Civil Court and the learned Civil Judge, framed the following preliminary issue :

"Is the suit cognizable by the Civil Court in the face of Rule 115 of the R