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I.A.ANSARI
Pioneer Co-operative Market Ltd. – Appellant
Versus
Mustt. Mehrun Nessa – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Mr. P.S. Deka, Advocate.
For the Respondents:Mr. S.M. Ali, Advocate.

JUDGMENT AND ORDER

I.A.Ansari, J.—This is an application, made under article 227 of the Constitution of India, seeking to get set aside and quashed the order, dated 19.8.2009, passed, in Title Suit No. 831/2006, whereby the learned Munsiff No. 2, Kamrup, has rejected the application of the present petitioner, who is defendant No.1 in Title Suit No. 831/2006 aforementioned, seeking to file written statement.

2. Before coming to the merit of the present application, certain material facts, which are relevant for the purpose of disposal of this revision, need to be pointed out.

3. The suit aforementioned was filed by the respondents herein seeking declaration of their rights, title and interest over the suit land and recovery of possession thereof. The defendant No.1 stood impleaded, in the suit, as ‘Pioneer Co-operative Market Ltd. (Regd. No. G54/65/66, Athgaon, Guwahati-8, Assam, represented by its President/Secretary’.

4. There is no dispute that the defendant No.1 is a co-operative society registered under the Assam Co-operative Societies Act, 1949, and it can, ordinarily, be represented by its President or Secretary. Alleging that the affairs of the said Society were not being carrie




































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