Case Note & Summary
The appellant, Gangabisan Mayaramji Paliwal, filed Second Appeal No.447/1998 before the Bombay High Court, Nagpur Bench, against the judgment and decree of the lower appellate court in Regular Civil Appeal No.176/1974. The suit, originally filed as Reg. C. S. No.176/1974, involved a dispute with respondent no.1, Sindi Vividha Karyakari Sahakari Society Ltd., and other respondents. The trial court and the first appellate court concurrently held that the civil court lacked jurisdiction to try the suit and that the Cooperative Court had jurisdiction under the Maharashtra Cooperative Societies Act, 1960. However, instead of returning the plaint under Order 7 Rule 10 of the Code of Civil Procedure, 1908 (CPC), they dismissed the suit. The appellant challenged this on the ground that the courts below committed an error in not following the mandate of Order 7 Rule 10 CPC. The High Court framed a substantial question of law on this issue. After hearing Mr. Gode, counsel for respondent no.8, and noting that the appellant's counsel was absent despite a rejected adjournment request, the court held that the courts below erred in law. The High Court allowed the appeal, set aside the judgments of the lower courts, and directed that the plaint be returned to the appellant for presentation to the proper court, i.e., the Cooperative Court. The court clarified that it did not express any opinion on the merits of the case.
Headnote
A) Civil Procedure - Return of Plaint - Order 7 Rule 10 CPC - Jurisdiction - Where courts below concurrently held that civil court lacked jurisdiction and cooperative court had jurisdiction, they were bound to return the plaint for presentation to the proper court. Failure to do so constitutes an error of law. (Para 2) B) Cooperative Law - Jurisdiction - Section 91 Maharashtra Cooperative Societies Act, 1960 - Dispute relating to cooperative society falls within exclusive jurisdiction of cooperative court. Civil court cannot entertain such suit. (Para 2)
Issue of Consideration
Whether the courts below committed error in not following the mandate of Order 7 Rule 10 of the CPC having concurrently held that the civil Court did not have jurisdiction to try the suit and that the Cooperative Court had jurisdiction.
Final Decision
Second appeal allowed. Judgments and decrees of courts below set aside. Plaint in Reg. C. S. No.176/1974 ordered to be returned to appellant for presentation to proper court. No order as to costs.
Law Points
- Order 7 Rule 10 CPC
- Section 91 Maharashtra Cooperative Societies Act
- 1960
- jurisdiction of civil court
- return of plaint
- substantial question of law
