| Citation(s) |
|---|
| 1980 SLG 3259 = 1980 SLD 3259 = 1980 CLC 1721 |
Lahore High Court
Civil Revision No. 1210/ D of 1979, decided on 29th January 1980.
Presented By: Muhammad Ilyas, J
Ch. Muhammad ANat Bhincler for Petitioner. Muhammad Hanif Niazi for
Respondent.
Civil Revision No. 1210/ D of 1979, decided on 29th January 1980.
Presented By: Muhammad Ilyas, J
Ch. Muhammad ANat Bhincler for Petitioner. Muhammad Hanif Niazi for
Respondent.
THE GUJRAN WALA CO-OPERATIVE MARKETING & SUPPLY SOCIETY Ltd. GUJRANWALA--Petitioner
VERSUS
THE RURAL SUPPLY CO-OPERATIVE CORPORATION LTD. LAHORE-Respondent
Law: West Pakistan Co-operative Societies and Co-operative Banks (Repayment of Loans)Ordinance (XLV of 1966)
Section: 2 (f) (i)
Law: Martial Law Order, 1977
Section: 241, 2 (a), 8
Law: Co-operative Societies Act, 1925
Section: 70
(s) West Pakistan Co-operative Societies and Co-operative Banks (Repay ment of Loans) Ordinance (XIV of 1966) S. 2 (f) (i) Such person" --Meaning Word "person" em ployed for first tine means a person who has taken loan from Co- operative Society and occurring for second time refers to person other than Co-operative Society-Petitioner, Co-operative Society appointed as commission agent of respondent--Cannot be sail; as person having taken loan---Petitioner, held, does not fall within definition of "such person" and any amount payable by it not ion within meaning of [Words and phrases). (b) Martial Law Order, 1977 M. L. A. Zone `A'] No. 241, paras, 2 (a) & 8 and West Pakistan Co-operative Societies and Co-operative Banks (Repayment of Loans) Ordi nance (XIV of 1966)---Borrower-Petitioner found to have not taken any loan from respondent, hence, not a borrower-Provisions of Order 241, held, not applicable and suit for rendition of account not abated. (c) Co-operative Societies Act (V of 1925) S. 70---Contention that notice under S. 70 having not been served on respondent, hence, suit not con7petent--Such plea neither raised before trial Court nor involving a pure question of law Contention - not entertained and left open for decision by trial Court. Dates of hearing 12th and 29th January 1980. JUDGMENT The facts giving rise to this civil revision are that the respondent, the Rural Supply, Co-operative Corporation Limited, Lahore, appointed the petitioner. The Gujranwala Co-operative Marketing and Supply Society Limited, Gujranwala, as its commission agent for sale of fertili zers. Having acted as such for some time, the petitioner filed a suit against the respondent for rendition of accounts. It was claimed by the…