MANAKCHAND JAIN AND SONS v. GRAMODYOG BUNKAR SAHAKARI SAMITI THIPGAON
1985-10-28
R.K.VIJAYWARGIYA
body1985
DigiLaw.ai
R. K. VIJAYAVARGIYA, J. ( 1 ) THIS revision Is directed against the Judgment and decree dated 6-10-1981 passed by the IVth Additional Judge to the Court of District Judge, Indore, in Small Cause Suit No. 108 of 1980. ( 2 ) THE material facts giving rise to this revision are as follows: the present suit for recovery of money was filed by the plaintiff-applicant against the defendant-non-applicant. The defendant-non-applicant is a Co-operative society. The suit related to for the recovery of price of yarn supplied by the applicant to the non-applicant. The trial court dismissed the suit on the ground that it is not maintainable in view of the provisions of Section 64 (1) (c)of the M. P. Co-operative Societies Act. Aggrieved by the Judgment and decree passed by the trial court, the plaintiff has submitted this revision ( 3 ) HAVING heard learned counsel for the parties, I have come to the conclusion that this revision deserves to the allowed. ( 4 ) IT is not disputed that the suit transaction was the only transaction between the parties. In the circumstances the provisions of Section 64 (l) (c)of the M. P. Co-operative Societies Act are not attracted, as held in Kundan singh Dolatram and another v. State of M. P. [ 1979 0 MPLJ 203 ]. In the circumstances the trial court was not justified in dismissing the plaintiff's suit as not maintainable under Section 64 (1) (c) of M. P. Co-operative Societies act. The judgment and decree passed by the trial court are set aside and the trial court is directed to decide the suit afresh on merits in accordance with law. ( 5 ) AS a result of the discussion aforesaid, this revision is allowed. The judgment and decree passed by the trial Court are set aside and the matter is remitted to the trial Court for disposal of the suit afresh in accordance with law. Parties shall bear their own costs of this revision. Revision allowed. .