IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE G. S. AHLUWALIA

th

ON THE 12 OF JANUARY, 2026

CIVIL REVISION No. 96 of 2014

GWALIOR SAHAKARI DUGDHA SANGH MARYADIT

Versus

HEMANT RAO SIRSAT

Appearance:

Shri Narottam Sharma - Advocate for applicant.

ORDER application on the ground that the case in hand is not covered by the provisions of Section 82 of the M.P. Co-operative Societies Act.

This civil revision under Section 115 of CPC has been filed against the

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order dated 09/05/2014 passed by 10 Civil Judge, Class-II, Gwalior, in C.O.S. No. 12-A/2014, by which application filed by applicant under Order 7

Rule 11 CPC has been rejected.

2. The facts necessary for disposal of present revision, in short, are

that respondent/plaintiff filed a suit thereby challenging the termination of his allotment of a milk parlour by applicant/defendant. It was prayed that not only the termination of allotment of milk parlour is illegal, but applicant

should be restrained from dispossessing the respondent.

3. Applicant/Defendant filed its written statement and also filed an

application under Order 7 Rule 11 CPC pleading inter alia that since applicant is a co-operative society, therefore, in view of Section 82 of the

M.P. Co-operative Societies Act, suit is not maintainable.

4. The Trial Court, by the impugned order, rejected the said

5. Challenging the order passed by the Court below, it is submitted by counsel for applicant that the Trial Court committed a material illegality by misreading the provisions of Section 82 of the M.P. Co-operative Societies Act. It is submitted that Section 82 of the M.P. Co-operative Societies Act clearly bars the jurisdiction of a Civil Court.

6. Considered the submissions made by counsel for applicant.

7. Section 82 of the M.P. Co-operative Societies Act reads as under: "82. Bar of jurisdiction of Courts.-(1) Save as provided in this Act, no civil or revenue court shall have any jurisdiction in respect of-

(a) the registration of a society or of bye-laws or of an amendmente of a bye-law;

(b) the removal of a committee and the management of the society after such removal;

(c) any dispute, required to be referred to the Registrar or his nominee or board of nominees;

(d) any matter concerning the winding up and the dissolution of a society.

(2) While a society is being wound up, no suit or other legal proceedings relating to the business of such society shall be proceeded with, or instituted against, the liquidator as such or against the society or any member thereof, except by leave of the Registrar and subject to such terms as he may impose.

(3) Save as provided in this Act, no order, decision or award made under this Act shall be questioned in any court on any ground whatsoever."

8. After referring to Section 82 of the M.P. Co-operative Societies Act, it is fairly conceded by counsel for applicant that Sections 82(1)(a), 82(1)(b), and 82(1)(d) do not apply to the facts and circumstances of the case, whereas provisions of Section 82(1)(c) of the M.P. Co-operative Societies Act would apply to the facts and circumstances of the case.

9. Accordingly, counsel for applicant was requested to point out the provision under which the dispute is required to be referred to the Registrar or its nominees or Board of Nominees.

10. By referring to Section 64 of the M.P. Co-operative Societies Act, it is submitted by counsel for applicant that any dispute touching the constitution, management, business, or the liquidation of a society shall be referred to the Registrar by any of the parties to the dispute, if the parties thereto are amongst Clause (a) to (f) of Section 64(1).

11. Accordingly, counsel for applicant was directed to point out as to whether respondent/plaintiff falls within any of the categories as mentioned in Sections 64(1)(a) to 64(1)(f) or not.

12. Counsel for applicant referred to Section 64(1)(c) of M.P. Co-

operative Societies Act which reads as under:

"64. Dispute.- (1) ...

(c) a person other than a member of the society w