Law: Cooperative Societies Act, 1925

Section: 70

Law: Cooperative Societies Act, 1925

Section: 70

Law: Specific Relief Act, 1877

Section: 42,54

Law: Cooperative Societies Rules, 1927

Section: 48

Cooperative Societies Act (VII of 1925)-------S. 70---Cooperative Societies Rules, 1927, R.48---Civil Procedure Code (V of 1908), O. VII, R.11---Specific Relief Act (I of 1877), Ss. 42 & 54---Allegation of mismanaging the affairs of Co-operative Society---Suit for declaration and injunction---Statutory notice, non-issuance of---Rejection of plaint---Plaintiffs were elected office-bearers of cooperative society, who were allegedly involved in mismanaging the affairs of the society, therefore, authorities took-over the charge and appointed Administrator--- Validity--- Requirements of R.48 of Cooperative Societies Rules, 1927, were fulfilled, when plaintiffs or the society was required to explain their position as to embezzlement of funds of the society as reflected in audit report/balance sheet---Despite passage of considerable long time no explanation plausible or otherwise had come forth, thus Administrator was appointed---Mandatory requirements of section 70 of Cooperative Societies Act, 1925, having not been complied with and because of such non-compliance, plaint could have been rejected by exercising power under O. VII, R.11 C.P.C.-High Court was empowered under O. VII, R.11 C.P.C. to reject the plaint even without any application being made by defendant---In addition to rejection of plaint, suit was also liable to be dismissed inasmuch as section 70 of Cooperative Societies Act, 1925, restrained filing of any suit---Suit was dismissed in circumstances. Haji Khuda Bukhsh and 9 others v. Deputy Registrar Cooperative Society Punjab Lahore and 2 others PLD 2007 Lah: 341 distinguished. Muhammad Ali Memorial Cooperative Housing Society Karachi v. Syed Sibt-e-Hassan Kazmi PLD 1975 Kar. 428; Zia-ur-Rehman Alvi v. Allahabad Cooperative Society Limited and 2 others PLD 1995 Kar. 391; Mst: Atia Khanum v. Messrs Saadabad Cooperative Housing Society Ltd. and others 2002 MLD 209; Mst. Agila Begum and another v. Pakistan Employees Cooperative Housing Society Ltd. and others PLD 2004 Kar. 1; Dhunjishah B. Ghadialy and others v. Karachi Parsi Cooperative Housing Society Ltd. and others 2004 CLC 587 and Lahore Cantt. Cooperative Housing Society Limited v. Messrs…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492