Law: Code of Civil Procedure (CPC) , 1908

Section: 9

Law: Cooperative Societies Act, 1925

Section: VII Rule 11

Law: Sindh Co-operative Societies Act (XXVIII of 2020)

Section: 70

Summary of Order
The appellant challenged an order of the learned Single Judge that dismissed their application under Order VII Rule 11 CPC for the rejection of a plaint in Suit No. 1802 of 2018.

Background of the Case:
Respondent No. 1, KDA Officers Cooperative Housing Society Welfare Association, along with other members, filed a declaratory suit claiming that a thoroughfare/pathway designated as amenity land could not be allotted to an individual (Defendant No. 6 / Appellant).
The appellant sought rejection of the plaint based solely on Section 70 of the Cooperative Societies Act, 1925, which mandates a 60-day prior notice before filing a suit.
Court’s Findings:
The learned Single Judge correctly ruled that Section 70 is an ouster clause, but the Civil Court still has jurisdiction under Section 9 of the CPC.
Section 70 (1925 Act) and Section 115 (Sindh Cooperative Societies Act, 2020) require a notice to be served, but the rejection of the plaint cannot be done piecemeal when there are other necessary and proper parties in the suit.
The Abbassia Cooperative Bank case (PLD 1997 SC 03) established that where an authority acts beyond its powers (coram non judice) or with mala fide intent, the Civil Court can maintain jurisdiction.
The core issue in the suit is the conversion of an amenity area (thoroughfare/pathway) into an individual allotment/lease, which requires approval from regulatory authorities (Karachi Development Authority, Master Plan Department, Sindh Building Control Authority).
Cancellation of such an allotment falls within the jurisdiction of the Civil Court, making the appellant’s argument unsustainable.
Final Order:
The appeal is dismissed in limine, as no valid grounds exist to overturn the learned Single Judge’s decision.

ORDER SHEET