Business of Society

Respondent-plaintiff was member of petitioner-defendant, a cooperative housing society and assailed cancellation of a plot allotted to him

Suit filed by respondent-plaintiff was concurrently decreed in favour of respondent-plaintiff

Validity

Bar of jurisdiction under S.54 of Co-operative Societies Act, 1925, could effectively invoked in a dispute, which related or had touched business of society, such dispute could be by and between the members, past members or any person claiming through or under such member or by such person against past or present officer of the society or inter se between society and / or its committee

Principle of jurisdiction that where a statute created right and also provided mechanism for enforcement of that right, then resort must be had to procedure prescribed in statute creating the right for its enforcement and jurisdiction of general Civil Courts was barred

No notice under S.70 of Co-operative Societies Act, 1925, was served on Registrar

Trial Court had illegally assumed its jurisdiction to entertain suit of respondent-plaintiff which was barred by law and was not maintainable

High Court in exercise of revisional jurisdiction set aside concurrent judgments and decrees passed by two Courts below and dismissed the suit filed by respondent-plaintiff

Revision was allowed, in circumstances.

Any act done by society beyond parameters of its business world not be an act done under law, thus, remedy of suit there against would not be barred by Ss. 54, 70 & 70-A of Co-operative Societies Act, 1925

Principles.