SAPHIK Vs. NANDLAL ARORA

JUDGEMENT

(1.) The applicants, some of the plaintiffs, have filed this review petition under Order XLVII Rule 1 of CPC for review and recalling the order dated 22/3/2013 passed by the Hon'ble Single Bench of this Court in Civil Revision No.162/2012, whereby allowing the revision of the respondent No.1 the order dated 31/10/2012 passed by the Additional Civil Judge, Class-II, Gwalior in Civil Suit No.53-A/2012 dismissing the application of the respondent No.1 filed under Order VII Rule 11 of CPC for dismissal of suit has been set aside and by allowing the said I.A. suit filed by the applicants and the respondents No.3 to 5 herein with respect of some plot for declaration and perpetual injunction has been dismissed on account of non-compliance of the provisions of Section 94 of the M.P. Cooperative Societies Act, 1960 (in short "the Act").

(2.) Shri Katare, learned senior advocate, after taking us through the averments of the petition as well as the papers placed on the record alongwith the impugned order passed by the Hon'ble Single Judge argued that the impugned suit was not filed on any of the cause of action which was related to the constitution, management or the business of respondent/society and, therefore, the applicants and the other plaintiffs were not bound to comply the provisions of Section 94 of the Act and such mandatory provision was not applicable to the present matter although the suit was filed against the registered Cooperative Society-respondent No.2. In support of his contention, firstly he referred the provisions of Section 94 of the Act and also placed his reliance on a reported decision of this Court in the matter of Rashtriya Adarsh Grih Nirman Sahakari Sanstha Maryadit & Ors. Vs. Laxmikant Bharwaj,1992 2 MPJR 39 and also on the decision of Apex Court in the matter of Supreme Cooperative Group Housing Society v. M/s. H.S. Nag and Associates (P) Ltd., 1996 AIR(SC) 2443 and prayed to set aside the impugned order of the Hon'ble Single Bench by admitting and allowing this Review Petition.

(3.) Having heard the counsel and keeping in view his arguments, we have carefully gone through the papers placed on the record alongwith the impugned order, so also the aforesaid cited cases.