MOOL RAJ Vs. GULAB SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 7.7. 1982 passed by the Additional Munsif No. 2, Jodhpur, whereby he rejected the petitioner's application under Order 7, Rule 11, C.P.C.

(2.) The material facts, which are essential to be noticed for the disposal of this revision petition, are that Mool Raj Vyas, defendant No. 1 in the suit, borrowed loan from the Railway Employees Co-operative Banking Society Ltd., Jodhpur (hereinafter referred to as the "Society"), defendant No. 2. The said debt was not discharged fully by defendant No. 1 Moolraj. Thereupon the debt was recovered from the surety Gulab Singh, who has now instituted a suit for the recovery of the amount against the principal debtor Moolraj Vyas and he also impleaded the Society as defendant No. 2. The defendant No. 1, that is the present petitioner, moved an application under Order 7, Rule 11, C.P.C. in which he raised a ground that the Civil Court has no jurisdiction to entertain the suit, as such a suit before the Civil Court is barred under Section 75 of the Rajasthan Co-operative Societies Act, 1965 (hereinafter referred to as "the Act"). The learned Munsif, after hearing the parties, found that Section 75 of the Act has no application, as the dispute does not relate to the constitution, management, or the business of a Co-operative Society. Consequently, he rejected the application under Order 7, Rule 11, C.P.C. Dissatisfied with the order of the learned Additional Munsif, the defendant has preferred this revision.

(3.) I have heard Shri Daulal Vyas, learned counsel for the petitioner, and Shri Ranjcetmal Bhansali, learned counsel for non-petitioner No. 1 and Sbri M. L. Chhangani, learned counsel for non-petitioner No. 2.