NILIMA S NAVALKAR Vs. NIPUR I THAKKAR

JUDGEMENT

(1.) Rule. By consent of the parties, RULE made returnable forthwith and heard finally.

(2.) The civil revision application arises from the order passed by the trial Court with respect to the proper valuation of the suit. This order has been passed on 2.8.2008 and the trial Court has answered the two preliminary issues which were framed in favour of the plaintiff ie. the respondent herein. THE two preliminary questions framed were (i) whether the plaintiff has properly valued the suit and if not whether the claim is beyond the pecuniary jurisdiction of the Court and (ii) whether the jurisdiction to try the suit by the Civil Court is barred under section 91 of the Maharashtra Co-operative Societies Act (for short, hereinafter referred to as MCS Act).

(3.) The trial Court has held that the amount mentioned in the undertaking would not be relevant while granting the decree as prayed. It has therefore held that the Court fees paid by the plaintiff are correct. As regards the other preliminary issue the Court has held that the transaction between the plaintiff and the defendant does not touch the business of the society and so it does not fall within the purview of section 91 of the MCS Act.