suit maintainablity in civil court

M.A.T.Ganesan (Querist) 27 August 2008 This query is : Resolved
can a suit be filed against co operative society with regard to allotment of housing plot to its members?

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KamalNayanSaxena (Expert) 27 August 2008
Every suit is maintainable in the civil court, where the civil rights of plainiff have infringed.

Srinivas.B.S.S.T (Expert) 28 August 2008
Yes as my friend said every suit where the civil rights of a Plaintiff are infringed are maintainble before a civil court. But there are some steps to be followed are predicaments to be overcome before filing a case as stipulated under CPC and other governing laws. If you want to file a suit against the Co-op society you have to issue prior notice as mandatory under the co-op soc. law. If you want to institute a suit against the municipal authorities in A.P section 683 notice as per HMC act is mandatory. against any Govt Official such as Registrar Section 80 notice as stipulated under CPC. Section 106 of TP act makes a notice mandatory for a landlord to issue to his tenant before filing a suit for eviction. So you have to see the concerned proviso and overcome the hurdles before filing a suit.

RAKHI BUDHIRAJA ADVOCATE (Expert) 28 August 2008
I do agree with Mr. Srinivas

H. S. Thukral (Expert) 28 August 2008
with apologies, I donot agree with Both Mr. Srinivas and Ms. Rakhi Budhiraja. Co-operative Societies Act provides for compulsory arbitration in certain cases. You have to see whether the juridiction of civil court has been expressly barred by such provisions.

A civil court has powers to try all cases of civil nature unless any other statue bars expressly its juridction. Industrial Dispute Act, Rent Control Acts, Taxation Laws etc. provides their own machinery for adjudication.

Guest (Expert) 28 August 2008
In Karnataka also there is a bar on Co-operative societies going to Civil Court without exhausting the Arbitration chance.

Srinivas.B.S.S.T (Expert) 28 August 2008
I have to apologise for wrong opinion. What Harbhajan said is correct. When there is a specific ouster in the statute barring the jurisdiction of civil court, then the civil court will lack jurisdiction to try the case. Thanks for correcting me Harbhajan Ji.

K.C.Suresh (Expert) 29 August 2008
Dear Ganesh, Regional amendements are to be looked into in case of Co-oprative societies becuase it is always hurdled with political interests. How ever nothing is above law. Why cann't you try at HC. But it must be a step after exhuasting other remedies. Give notice to the society, the registrar and state secretary. Then try at HC.

G. ARAVINTHAN (Expert) 27 September 2008
I agree with Harbajan Sir

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