| Citation(s) |
|---|
| 1998 SLG 1451 1998 SLD 1451 1998 CLC 1532 |
Sindh High Court
Suit No.659, of 1993, Civil Miscellaneous Applications Nos. 11197 of 1993 and 57 of 1994, decision dated: 25-02-1998
RASHEED AHMED RAZVI, J
Zahid Burhani for Plaintiffs. Muhamamd Maqsood and Nasir Maqsood for Defendant No. 3. Mirza Adil Baig for Defendant No. 5
Suit No.659, of 1993, Civil Miscellaneous Applications Nos. 11197 of 1993 and 57 of 1994, decision dated: 25-02-1998
RASHEED AHMED RAZVI, J
Zahid Burhani for Plaintiffs. Muhamamd Maqsood and Nasir Maqsood for Defendant No. 3. Mirza Adil Baig for Defendant No. 5
Mrs. NAILA MASOOD and 2 others--Plaintiffs
VS
THE SECRETARY, FOOD AND COOPERATION, GOVERNMENT OF SINDH and others----Defendants
Law:
Section:
(a) Cooperative Societies Act (VII of 1925)--.----S.70---Civil Procedure Code (V of 1908), O.VII, R.I1---Plaintiff's suit against Cooperative Society---Defendant (Society) taking up plea of non-service of notice prior to filing of suit, thus, claiming rejection of plaint--Communication between, plaintiffs and defendant prior to filing of suit fulfilled requirements as provided in S.70, Cooperative Societies Act, 1925, therefore, plaint was not liable to be rejected on that ground. (b) Cooperative Societies Act (VII of 1925)--- ----Ss.54 & 70-A---Suit by legal heirs of deceased member of Cooperative Society---Maintainability---Terms "past member" would not include within its ambit deceased member or his legal heirs---Plaintiffs being legal heirs of deceased member of Cooperative Society were not entitled in law to invoke arbitration under S.54, Cooperative Societies Act, 1925, therefore, bar to file suit as contained in S.70-A, Cooperative Societies Act, 1925 was not attracted. Anjuman Imdad Kafait Shuari v. Captain Niaz Ahmad and others PLD 1952 Lah.478; Anjuman Imdad Qarza v. Abdul Haq and others PLD 1960 (W.P.) Lah. 273; Narianjan v. Cooperative Society AIR 1933 Lah. 376; Bharmakka v. Mallappa AIR 1926 Bom. 352; Mahabir v. Basudeo AIR 1925 Pat. 575; Sheosaran Singh v. Gaya Amla Cooperative Society AIR 1939 Pat. 500; Mst. Laila Bai and others v. Mst. Gul Bano and others 1992 CLC 1643; Cooperative Society, Patur No.7 v. Vasant Balkrishna and others, AIR (1946) 33 Nag. 317; Bihta Cooperative Development and Cane Marketing Union Ltd. and another v. Bank of Bihar and others AIR 1967 SC 389 and PLD 1990 Sindh Statutes 14 ref. (c) Cooperative Societies Act (VII of 1925)-- ----Ss.l7-B [as inserted by Sindh Cooperative Societies (Amendment) Act (VIII of 1989)], 70 & 54---Transfer of interest in housing societies ---Principles--Plaintiffs on insertion of S.17-B, in Cooperative Societies Act, 1925 were entitled to become members of Cooperative Housing Society on acquiring interest in property in question, by means of inheritance---Subsequently in 1993, however, but prior to filing of suit, such property was cancelled and allotted to another person---Right of…
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