Law:

Section:

(a) Cooperative Societies Act (VII of 1925)-------S. 64-A---Civit Procedure Code (V of 1908), S.9 & O.VI, R.4---Award" given by Deputy Registrar, Cooperative Societies and endorsed by Provincial Government---Validity---Suit against such award ---Maintainability---Mala fide, plea of---Effect---Provision of S.9, C.P.C. would empower Civil Court to entertain all suits of civil nature unless impliedly or expressly barred---Where order passed was without jurisdiction or the same abundantly appeared to be illegal or was result of mala fides, then Civil Court was competent to look into the legality and propriety of such order or act challenged in suit---Party was required to give specific instances of alleged act of mala fides---Mere wild allegations of general nature would not establish mala fides of defendants- Provisions of O.VI; R.4, C.P.C. would also require that particular instances and other details of fraud and misrepresentation must be disclosed in pleadings---All such elements being absent in plaint, plea of mala fides, was not available to plaintiff--,-Suit was, thus, not maintainable against award which had attained finality. Friends Mutual Cooperative Housing Society (Regd.) v. Shamim Afza and others 1987 CLC 1235; The Quetta Cooperative Store Ltd., Quetta v. Province of Balochistan through the Secretary, Agriculture and 2 others PLD E, 1978 Quetta 174; Abdul Rauf and others v. Abdul Hamid Khan and others PLD 1965 SC 671; Muhammad Jamil Asghar v. The Improvement Trust, Rawalpindi PLD 1965 SC 698; Gulzar Hassan Shah v. Ghulam Murtaza and 4 others PLD 1970 SC 180; Hamid Hussain v. Government of West Pakistan and others 1974 SCMR 356; Pir Sabir Shah v. Federation of Pakistan and others PLD 1994 SC 738 and Federation of Pakistan v. Saeed Ahmad Khan and another PLD 1974 SC 151 ref. (b) Cooperative Societies Act (VII of 1925)--- ----Ss. 64-AA & 70---Civil Procedure Code (V. of 1908). O.VII, R.11---Rejection of plaint---Award---Suit against Cooperative Society without serving notice in terms of S.70, Cooperative Societies Act, 1925---Maintainability--­ Defendants' plea that no notice was served upon Cooperative Society before filing suit was not denied…

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