( 1 ) THIS appeal has been heard expeditiously because an order passed under Order 7, Rule 11 (d), C. P. C. by the trial Court is impugned by the plaintiff-appellant. Court below has taken the view that the suit wai barred by the provisions of Section 82 read with Section 64 (1) (e) of the M. P. Co-operative Societies Act, 1960 for short the Act.

( 2 ) REJECTION of a plaint is indeed contemplated under Clause (d) of Rule 11 of Order 7, C. P. C. , where "the suit appears from the statement in the plaint to be barred by any law". This would mean, according to me, that parties are not at issue in such a case and indeed the question merely is of law and no investigation into any fact is necessary. Indeed, if the "law" by which exclusion of civil Court's jurisdiction is contemplated, on its face manifests the requirement of investigation into any fact then there would be no scope for passing order under Clause (d) aforementioned. In such a case, no leading procedure can be adopted by the trial Court to efface or obliterate the right contemplated under order 14, C. P. C. , under which parties are allowed to raise "issue" and to call for decision of the trial Court on issu