JUDGMENT :- This is an appeal by Basti Sahkari Ganna Samiti Limited, Basti, defendants, against the order dated 1-8-1964 of the Additional Civil Judge of Basti, allowing the appeal of Suraj Nath Upadhyay, plaintiff, and remanding the suit for hearing on merits in accordance with the law. The Munsif of Basti had dismissed the suit on the ground that it was not maintainable and was not cognizable by the civil Court; but the learned Civil Judge has taken a contrary view holding that a part of the suit was maintainable. This necessitated the remand of the suit so that it may be heard and decided on merits.

2. For purposes of this appeal it is not necessary to reproduce in this order the details of the past litigation in connection with the election of the Chairman and Directors of Basti Sahkari Ganna Samiti Limited Eventually Suraj Nath Upadhyay, plaintiff, filed his nomination papers for the post of the Chairman of Directors and also the post of a Director from Kshetra No. 6. Suraj Prasad, defendant respondent No. 6, filed an objection against the nomination papers and the Returning Officer rejected the nomination papers of the plaintiff for both the posts on the ground that he had by

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