SISIRKANA GUHA Vs. AYAKAR GRIHANIRMAN SAMABAYA SAMITY LIMITED

JUDGEMENT

(1.) THIS first appeal is at the instance of the plaintiffs in a suit for specific performance of contract and is directed against the judgment and decree dated July 27,2005 passed by the learned Civil Judge (Senior Division), 5th Court, Alipore, in Title Suit No. 56 of 2004 thereby dismissing the suit on the ground that the Civil Court has no jurisdiction to entertain the suit in view of the restriction imposed under section 134 (2) (d) of the West Bengal Co-operative Societies Act, 1983 as the same should be referred to the Registrar of the Co-operative Societies under section 95 (1) (d) of the Act for disposal.

(2.) BEING dissatisfied, the plaintiffs have come up with the present appeal.

(3.) THE appellants before us filed a suit for specific performance of contract against the respondents and the case made out by the plaintiffs-appellants may be summed up thus: