HANUMANPURA SAHKARI BHANDAR LTD Vs. HANUMANSINGH

JUDGEMENT

(1.) THIS is an appeal by the plaintiff against the judgment and decree dated 22nd February, 1955 of the learned Civil Judge, Jhunjhunu in a suit for recovery of Rs. 5991/11/9.

(2.) THE plaintiff is a Cooperative Society registered under the Jaipur Cooperative Societies Act (No. 26 of 1943, hereinafter called the Act ). Defendant was the Secretary of the Society. THE suit was for recovery of amounts advanced to the defendant on various occasions for the purchase of goods for the Society and for the price of articles given on credit.

(3.) ONE more contention was raised by the learned counsel and that was that as the defendant submitted to the jurisdiction of the court and did not take any objection for staying the proceedings in the civil court, it had jurisdiction to determine the suit. There is no substance in this contention. As observed already the jurisdiction of the civil court was barred and submission by the defendant to the jurisdiction of that court would not vest it with such jurisdiction.