RAMESHCHANDRA RAMKISHAN SARDA Vs. SHANKARRAO CHAVAN

JUDGEMENT

(1.) This is an appeal preferred by the original plaintiff whose suit bearing Special Civil Suit No. 104 of 1991 for recovery of Rs. 4,12,000/- was dismissed by 2nd Jt. Civil Judge, Senior Division, Nanded on 14.7.1994 on the ground that the suit is not maintainable for want of notice under section 164 of the Maharashtra Cooperative Societies Act, 1960.

(2.) Brief facts giving rise to this appeal may be stated as below:-

(3.) The defendant-respondent Society filed written statement at Exh.32 and amongst other contentions, it objected to the tenabil-ity of the suit stating that since the defendant is a Co-operative Society registered under the Maharashtra Co-operative Societies Act, 1960, the suit without notice under section 164 of the said Act is barred.