Chennai Court July 1939 Judgments

Mugi Subbayya Vs. Ravulacheruvu Thippa Reddi and anr.

Court: Chennai

Reported in: AIR1939Mad967; (1939)2MLJ604

Wadsworth, J.1. This appeal arises out of a suit to set aside a sale held by the Deputy Registrar of Co-operative Societies as liquidator of a Co-operative Credit Society. The grounds upon which the sale was sought to be set aside are substantially the failure of the selling officer to follow strictly the procedure laid down in the rules under the Co-operative Societies Act. The suit was dismissed by the trial Court on the grounds that the Civil Court has no jurisdiction to entertain such a suit for a remedy in respect of which a special machinery has been provided by the Act; and also because by reason of Section 48 of the Madras Co-operative Societies Act whereunder the suit would not lie without the leave of the Registrar. The learned District Judge has reversed the trial Court on both these grounds, holding that the jurisdiction of Civil Courts cannot be taken away unless it is expressly excluded by the Statute in question and that Section 48 has no application because the bringing...