Law:

Section:

West Pakistan Co-operative Societies and Co-operative Banks (Repayment of Loans) Ordinance (XIV of 1966), Ss. 13 & 5 and Civil Procedure Code (V of 1908), S. 9-Provisions of Ordinance expressly take away jurisdiction of civil Courts to adjudicate upon liability of debtor in respect of loan taken from Co-operative Bank or Society-Determination of Registrar under S., S cannot be interfered with by Courts. The West Pakistan Co-operative Societies and Co-operative Banks (Repayment of Loans) Ordinance, 1966 completely takes away the jurisdiction of civil Courts to adjudicate upon the liability of a debtor towards a co-operative society or a co­operative bank in respect of a loan which is either unsecured or is not fully secured. The definition of "loan" in section 2 (f)(iii) of the Ordinance includes a loan which is the subject-matter of a pending suit, arbitration proceedings, appeal or revision, whether under the Act or before any Court. Section 9 of the Civil Pro­cedure Code lays down that the Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cogni­zance is either expressly or impliedly barred. The provisions of the Ordinance expressly take away the jurisdiction of civil Courts in more than one way. A fortiori as soon as information is laid before the Registrar that a loan obtained from it is not repaid by the date on which it is due for repayment the dispute is- with­drawn from the forum of the civil Courts to the exclusive jurisdiction of the Registrar. Thereafter he alone is the judge of the liability of the borrower. Similarly, the recovery of the loan found due from a borrower is through the process issued by the Registrar and not by a civil Court. ORDER MUHAMMAD YAQUB ALI, J.-The petitioner-firm seeks leave to appeal from the order of a Division Bench of the High Court declining to interfere with the determination of the Registrar, Co-operative Societies, under section 5 (1) of the West Pakistan Co-operative Societies and Co-operative Banks (Repayment of Loans) Ordinance XIV of 1966, hereinafter referred to as the Ordinance, that a sum of Rs. 2,30,533.19 is owing from them to the respondent-bank on the…

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