S. RAJAGOPAL Vs. R. ARUMUGAM

JUDGEMENT

(1.) The Civil Revision Petition is filed against the order passed by the learned Additional District Judge, Eraniel rejecting I.A. No. 1077 of 2011 in O.S. No. 120 of 2010 filed under Order VII Rule 11 of the Code of Civil Procedure. The first respondent herein filed the aforesaid suit questioning the inter-se seniority in the second and third respondent Co-operative Bank herein. Those Co-operative Banks are the first and second defendants in the suit. The third defendant is the Deputy Registrar of the Co-Operative Societies, Thuckalay. The fourth defendant is the revision petitioner herein.

(2.) The revision petitioner/fourth defendant in the aforesaid suit filed an Application in I.A. No. 1077 of 2011 under Order VII, Rule 11 of the Code of Civil Procedure seeking to reject the plaint on the sole ground that there is a bar of suit in Civil Court under Section 156 of the Tamil Nadu Co-operative Societies Act but the same was rejected by the Trial Court.

(3.) In my view, the Trial Court has correctly dismissed the Application in view of the judgment of this Court in Somasundaram vs. Liyakat Ali and another, 1997 1 CTC 4. Paragraph No. 16 of the Judgment is extracted hereunder: