SHYAM SUNDER LAL Vs. SAHKARI SAMITI LTD

JUDGEMENT

(1.) THIS is a second appeal against the order dated April 18, 1989 of Sri M.N. Siddiqi, Additional Civil Judge, Sultanpur holding that the civil court had no jurisdiction in the case and dismissing the appeal after confirming the decree of the trial court.

(2.) THERE was an amalgamated society known as Sahkari Samiti Limited, Jamo. This Society came into existence after the amalga mation of three societies, namely. The Sahkari Samities of Babupur, Alipur- Rampur and Jamo. The plaintiff was the treasurer of the former Sahkari Samiti, Jamo and he continued to be treasurer of the amalgamated society. The plaintiff is alleged to have embezzled an amount of Rs. 9,075.75. There was a dispute between the plaintiff on the one hand and the amalgamated society on the other, and in ac cordance with the provisions of Section 70 of the Uttar Pradesh Co operative Societies Act, 1965 it was referred to arbitration. The Arbitrator decided against the plaintiff-appellant.

(3.) DEFENDANTS resisted the claim on the ground that the amalga mated society had been properly constituted and its office bearers were also validly and legally elected and the reference to the arbitra tion was made according to law. It was also alleged that the civil court had no jurisdiction to try the suit and the suit was barred by Section 111 of the Co-operative Societies Act. The learned Munsif framed 8 issues in the case and alter nearing the parties came to the conclusion that he had jurisdiction to entertain the suit. On the merits he gave the finding in favour of the plaintiff and decreed the plaintiff's suit.