Case Note & Summary
The case involves a civil revision application filed by Sanjivani Kailas Borade (applicant) challenging an order of the District Judge-1, Solapur, dated 21st August 2015. The District Judge had allowed a miscellaneous civil appeal filed by the respondents (original plaintiffs) and set aside the trial court's order dated 28th November 2014, which had returned the plaint under Order 7 Rule 10 of the Code of Civil Procedure, 1908 (CPC) for presentation before the appropriate cooperative court. The subject matter of the suit was a plot bearing No.9/16, admeasuring 92.98 sq.mtrs., out of Survey No.32/A1/3, along with a building constructed thereon, situated at Nehru Nagar, Solapur. The property was owned by 'Mukundrao Ambedkar Sahakari Gruhrachna Sanstha Maryadit', a cooperative society. The respondents had filed Regular Civil Suit No.409 of 2013 before the 8th Joint Civil Judge, Junior Division, Solapur, seeking reliefs including declaration of ownership and injunction. The trial court, by order dated 28th November 2014, returned the plaint holding that the dispute fell within the exclusive jurisdiction of the cooperative court under Section 163 of the Maharashtra Cooperative Societies Act, 1960. The respondents appealed, and the District Judge reversed the order, holding that the civil court had jurisdiction. The applicant then filed this revision. The High Court, after hearing both sides, held that the property belonged to a cooperative society and any dispute touching its business or property is exclusively triable by the cooperative court. The civil court's jurisdiction is barred under Section 163 of the Act. The High Court allowed the revision, set aside the appellate order, and restored the trial court's order returning the plaint. The court directed that the plaint be returned to the respondents for presentation before the appropriate cooperative court.
Headnote
A) Civil Procedure - Return of Plaint - Order 7 Rule 10 CPC - Jurisdictional Bar - The trial court returned the plaint for presentation before the appropriate cooperative court, holding that the subject property was owned by a cooperative society and the dispute fell within the exclusive jurisdiction of the cooperative court under Section 163 of the Maharashtra Cooperative Societies Act, 1960. The appellate court reversed this order, but the High Court restored the trial court's order, holding that the civil court lacks jurisdiction. (Paras 3-12) B) Cooperative Societies - Jurisdiction - Section 163 Maharashtra Cooperative Societies Act, 1960 - Dispute Relating to Property of Society - The suit pertained to a plot owned by a cooperative society. The High Court held that any dispute touching the business or property of a cooperative society is exclusively triable by the cooperative court, and the civil court's jurisdiction is barred. (Paras 5-12)
Issue of Consideration
Whether the civil court has jurisdiction to entertain a suit concerning property owned by a cooperative society, given the bar under Section 163 of the Maharashtra Cooperative Societies Act, 1960.
Final Decision
The High Court allowed the revision application, set aside the order of the District Judge-1, Solapur dated 21st August 2015, and restored the order of the trial court dated 28th November 2014 returning the plaint under Order 7 Rule 10 CPC. The plaint is to be returned to the respondents for presentation before the appropriate cooperative court.
Law Points
- Jurisdiction of civil court is barred under Section 163 of Maharashtra Cooperative Societies Act
- 1960 for disputes relating to cooperative society's property
- Order 7 Rule 10 CPC
- Section 115 CPC
