1. Applicant and the respondent both are registered cooperative societies. It seems, their main object is to develop residential plots and allot them to their respective members. Both Societies are governed by the provisions of M.P. Cooperative Societies Act, 1960 (hereinafter referred to as "the Act" for short).

2. Respondent herein has filed a civil suit for permanent injunction against the applicant. The subject matter of the civil suit is Survey No. 525 situated at village sirpur, Tehsil and District Indore. It was alleged in the plaint that the applicant society is trying to encroach upon the land of the respondent society.

3. The applicant society has filed its written statement. One of the objection taken in the written statement is about maintainability of the suit on account of omission to serve a prior notice u/s. 94 of the Act. On the basis of pleadings, trial Court framed issues and on 5.4.2007, an additional issue was framed on the point of maintainability of the suit for want of notice u/s. 94 of the Act.

4. Learned trial Judge by order dated 17.4.2007 held that the bar contained in section 94 is not attracted looking to the nature of the suit. Said order was challe