KIRAN JAYANTILAL THAKORE v. KRISHNAKUMARI CHHAJUSINGH
2003-02-18
J.N.BHATT, K.A.PUJ
body2003
DigiLaw.ai
J. N. BHATT, J. ( 1 ) THIS Letters Patent Appeal is directed against the judgment recorded in First Appeal No. 889/96 dated 30. 4. 96 by the learned Vacation Judge of this Court dismissing the said appeal. The first appeal arose out of Regular Civil Suit No. 130 of 1991. The maintainability of this Letters Patent Appeal under clause 15 of the Letters Patent is questioned placing reliance on the amended provisions of section 100-A of the Code of Civil Procedure, 1973, (Code for short) which reads as under:"100a. No further appeal in certain cases. Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court, no further appeal shall lie from the judgment and decree of such Single Judge. "after having heard the learned advocate appearing for the parties and considering the aforesaid amended provisions of section 100-A of the Code, it becomes crystal clear that this Letters Patent Appeal is not maintainable. Again, it may be noted that the suit came to be filed in the Civil Court by an unregistered Cooperative Society. It is submitted that the society which is proposed and which is not registered cannot sue and has no legal status. Our attention is invited to a decision of the Honble Supreme Court in the case of Maneklal Mansukhbhai Cooperative Housing Society Ltd v. Rajendra Kumar Maneklal Shah and anr. reported in JT 2001 (10) SC 83, in which the proposition of law is expounded that suit is not maintainable by an unregistered co-operative society. There is no dispute about the fact that the plaintiff society was an unregistered society. Therefore, even the suit was incompetent by an unregistered society. The Letters Patent Appeal, at the instance of the original plaintiff, an unregistered Cooperative Society, therefore, is not competent. Therefore, on both the counts, the appeal must fail. Accordingly, the appeal shall stand dismissed with no order as to costs. As the appeal is dismissed, no order on the Civil Application. .