Law:

Section:

Cooperative Societies Act (VII of 1925)-------Ss. 70 & 54---Civil Procedure Code (V of 1908), O. VII, R.11---Constitution of Pakistan (1973), Art.185(3)---Plaintiff's suit against cooperative society without notice under S.70, Cooperative Societies Act, 1925---Plaint was rejected by Trial Court for non-service of notice---Appellate Court as also High Court setting aside such order---Validity---Questions of general public importance being involved in the case---Leave to appeal was granted to consider whether dispute involved in plaintiff's suit touched business of the petitioner society; whether only the suit filed by a member of Cooperative Society, without serving notice under S.70, Cooperative Societies Act, 1925, would be hit by S.70 of the Act or same would also operate as bar to a suit brought by a person who was not a member of Society; and if suit could not be filed without serving notice under S.70 of the Act, could plaintiff therein be non-suited on the strength of S.70 of the Act even when period of two months had elapsed after filing of the suit. Al-Riaz (Shalimar Town) Ltd. v. Muhammad Hassan Lodhi and another 1982 CLC 2167 and Muhammad Siddique and others v. Shahab Din and others 1991 CLC Note 247 at p.192 ref. ORDER MUHAMMAD ILYAS, J.---This petition for leave to appeal relates to a passage being used by the petitioner, namely, Lahore Cantt. Cooperative Housing Society Limited. It is not disputed that the petitioner is a housing society. After acquiring/purchasing land, it converts it into plots, which are allotted to persons applying therefore. It also develops those plots by constructing roads, etc., to enable the purchasers thereof to construct houses/commercial centres, etc., thereof. Plea of the respondent, Khanzada Inamullah Khan is that the said passage, which is being used by the petitioner; is, in fact, the land owned by him and the petitioner has no right to utilize it as such. 2. In order to establish his title to the passage in question, the respondent brought a suit against the petitioner but the plaint thereof was rejected by a Civil Judge on the ground that notice under section 70 of .the Cooperative Societies Act, 1925,…

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