NINA NOEMIA PINTO Vs. VICTOR PEREIRA

JUDGEMENT

(1.) Only substantial question that arises in the present second appeal is whether the Civil Court has no jurisdiction to entertain-and try the suit for permanent injunction bearing No. 107/1986/A instituted in the Court of C.J.S.D., Panaji by the appellant/plaintiff against the respondent/defendant Victor Pereira on account of provisions of Section 91 of the Maharashtra Cooperative Society Act, 1960.

(2.) The following facts are disclosed in the plaint, which are relevant for the purpose of answering the aforesaid question:

(3.) Issues were framed. One of them is regarding the maintainability of the suit in view of the provisions of the Maharashtra Cooperative Society's Act, 1960. Issue regarding the maintainability of the suit was heard and the suit was dismissed upon answering the issue in favour of the defendant. The learned Civil Judge, while deciding the said issue in favour of the defendant, made following observations: