HILLY HOUSING CO-OPERATIVE SOCIETY LTD. Vs. AKHTARUZZAMAN CHOWDHURY
LAWS(BANG)-2001-6-2
SUPREME COURT OF BANGLADESH
Decided on June 04,2001

Hilly Housing Co-Operative Society Ltd. Appellant
VERSUS
Akhtaruzzaman Chowdhury Respondents

JUDGEMENT

S.K SINHA,J. - (1.) This application under section 115(1) of the Code of Civil Procedure is directed against the order dated 12-2-2001 passed by the 1st Court of Subordinate Judge, Chittagong in Other Class Suit No. 68 of 1999 rejecting the petitioners application under Order 7 rule 11 of the Code of Civil Procedure.
(2.) Opposite Party No. 1 as plaintiff instituted Other Class Suit No. 68 of 1999 in the 1st Court of Subordinate Judge, Sadar Chittagong against the petitioner and others praying for a decree for specific performance of a contract in respect of sale of the suit property.
(3.) The petitioner as defendant entered appearance before the learned Subordinate Judge and filed an application under Order 7 rule 11 of the of Criminal Procedure praying for rejection of the plaint on the ground that sections 86 and 133 of the Co-operative Society Ordinance, 1984 (Ordinance No. 1 of 1985) are bar against the institution of the suit as the matters involved in the suit are compulsorily referable to the Registrar and the civil Court has no jurisdiction to try the disputes in question.;


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