Law:

Section:

(a) Cooperative Societies Act (VII of 1925)-------Ss. 54, 70 & 70-A---Civil Procedure Code (V of 1908), S.9---Suit against Cooperative Society and its officers for restraining them from holding election till final decision regarding plaintiffs' membership by proper authority/forum---Maintainability-- Provisions of S.54 of Cooperative Societies Act, 1925 would apply to such dispute of election touching business of Society---Jurisdiction of Civil Court had been expressly barred to entertain or adjudicate upon matter, which statutory functionaries were empowered to dispose of or determine---Plaintiff filed suit before expiry of two months after service of notice on Society--­Plaintiff had, thus, not complied with mandatory requirement of S.70 of the Cooperative Societies Act, 1925---Plaintiffs claiming to be members of Society were required to enter into arbitration proceedings as stipulated under S.54 of the Act---Suit was dismissed being not maintainable. PLD 1981 Kar. 138; PLD 1970 Kar. 200; PLD 2002 Kar. 414 and PLD 2002 SC 660 rel. (b) Civil Procedure Code (V of 1908)--- ----O. VI, Rr.4, 7 & O. VII, R.1---Plaint in a suit for damages without pleading same therein specifically---Maintainability--Unless something was pleaded in plaint, that could not be granted---Plaintiff had not pleaded anywhere in plaint about damages---Prayer in such respect could not be granted. (c) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 5---Suit for restraining holding of election of Society--­Plaintiff after dismissal of suit prayed for withholding of election till filing of appeal by him---High Court directed not to hold election till the specified date. Khawaja Mansoor Ahmed for Plaintiffs. Agha Faisal for Defendants Nos. 1 to 3. R.F. Virjee (Defendant No.4) in person. Date of hearing: 25th October, 2002. JUDGMENT The plaintiffs have filed this suit for declaration, mandatory injunction and damages against the defendants with the following­ prayers:--- (1) Declaration that the notice, dated 8th October, 2002 as circulated by the defendant No. 1 and the, holding of the 80th Annual General Meeting of the defendant No. 1 on 20th October, 2002 have no legal standing are…

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