Law: Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993

Section: 17

Law: Civil Procedure Code (V of 1908)

Section: 9

Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993)--- ----S.17---Civil Procedure Code (V of 1908), S.9---Jurisdiction of Civil Court---Scope---Allegations mentioned in the plaint were regarding fraud and forgery which would only be decided after recording of evidence of the parties---In such secenario, the alleged bar contained in S. 17 of the Punjab Undesirable Cooperative Societies (Dissolution), Act, 1993, cannot take away the plenary jurisdiction enjoyed upon the civil Court under S. 9, C.P.C, in a situation where the aggrieved person finds himself remediless, particularly, when a dispute requires detailed evidence in order to resolve a factual controversy, as in the present case, because a specific plea fraud and forgery had been pleaded---Petitioners alleged fraud and forgery in their plaint, committed by respondents to transfer the land---Main grievance of the petitioner was against the other respondents and not the Cooperative body---In the matter in hand, the civil Court had jurisdiction to entertain the suit---Impugned order and decrees were set aside and case was remanded to the trial court to decide afresh after obtaining written statements, framing of issues and recording of evidence. Messrs Sui Northern Gas Pipelines Limited (SNGPL) v. Messrs Noor CNG Filling Station 2022 SCMR 1501 ref. JUDGMENT SHAHID BILAL HASSAN, J.---Facts, in precision, are as such that the petitioners instituted a suit for declaration maintaining that their father Mallu Khan was owner of the land measuring 1017-Kanals 06-Marlas falling in Khewat No.33 situated at Malkhoke as per Misl-e-Haqiat Consolidation 1963- 64 District Lahore; that the land measuring 553 Kanals was allegedly shown to be transferred in favour of respondents Nos.1 and 2 vide mutation No. 259 dated 05.11.1965; that land measuring 250-Kanals was allegedly shown to be transferred in favour of respondents Nos.1 and 2 vide sale deed No.15965, thereafter mutation No.261 dated 04.11.1964 was incorporated in the revenue record; that total land measuring 803-kanals 14- Marlas was, purportedly, illegally and fraudulently transferred in favour of the respondents Nos. 1 and 2, however, the…

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