MEHERDI MUNSHI Vs. INSPECTOR, CO-OPERATIVE SOCIETIES, GOLPARA CIRCLEAND EXOFFICIO LIGUIDATOR, TIAMARI JANAHARI MANOHARI GOALIA BANK UNDER LIQUIDATION

JUDGEMENT

(1.) The plaintiff is the appellant in this case and the appeal arises with reference to a suit brought by the plaintiff for a declaration that an Order of contribution made by the liquidator of a certain co-operative banking society was null and void. The Order in question purported to have been made under the provisions of section 42 (2)(b), Co-operative Societies Act and was in respect of the sum of Rs. 261-7-0. The plaintiff's case was to the effect that there had been no proper compliance with the rules framed by the Government of Assam under section 43 of the Act as no proper enquiry had been held and no evidence was taken by the liquidator before the issue of the order.

(2.) The suit was defended by the Inspector of Co-operative Societies, Goalpara, who had been appointed as liquidator of the society under the provisions of section 42 (1), Co- operative Societies Act. His case was to the effect that the suit was not maintainable, that it was barred by limitation and that contribution Order had been legally made. Both the Courts below decided that the liquidator's Order was legal and, further, the lower appellate Court held that the plaintiff's suit was barred by limitation. It is, however, admitted in this Court that no question of limitation can possibly arise.

(3.) The learned advocate for the respondent has put forward a preliminary objection to the effect that the civil Courts have no jurisdiction to deal with this matter having regard to the provisions of section 42(6), Co-operative Societies Act. The learned Munsif dealt with this point and considered that he was bound by a decision of Section K. Ghose J., in Shillong (Assamiya) Cooperative Bank, Ltd. V/s. Chiniram Medhi ( 37) 41 C. W. N. 670 and he held that the civil Court had jurisdiction to entertain the plaintiff's suit. This point was not discussed in the judgment of the learned Subordinate Judge. Section 42(6), Co-operative Societies Act on which the learned advocate for the respondent relies is in the following terms: Save in so far as is hereinbefore expressly provided, no civil Court shall have any jurisdiction in respect of any matter connected with the dissolution of a registered society under this Act.