Mathur, C.J. - (1.) THIS is a revision under Section 115 of the Code of Civil Procedure by Charan Singh, defendant, to challenge the order of the civil Judge, Roorkee, deciding the preliminary issue in favour of the Plaintiff, the Iqbalpur Co-operative Cane Development Union Ltd., by holding that the suit was cognizable by the Civil Court and Rule 115 of the U.P. Co-operative Societies Rules was not a bar to the jurisdiction of the Civil Court.
(2.) THE material facts of the case, in brief, are that the plaintiff society instituted the present suit for the recovery of Rs. 99,300.00 from the defendants jointly and severally or from any of the defendants to the extent they were liable. The defendants were the officers of the plaintiff Society who are alleged to have, in pursuance of conspiracy, committed embezzlement and other acts of misappropriation etc. It appears that a sessions trial under Sections 409 and 120-B. I. P. C. is also, pending against the defendants. The defendants raised an objection to the jurisdiction of the Civil Court and the learned Civil Judge, framed the following preliminary issue : "Is the suit cognizable by the Civil Court in the face of Rule 115 of the Rules framed under Section 43. Co-operative Societies Act."
(3.) RELYING upon the decision of this Court in Kailash Nath Halwai v. Registrar, Co-operative Society, U. P., AIR 1960 All 294 it was held that reference of a dispute between a Society and its officers to the Registrar for decision or by arbitration under Rule 115 could not be made and, therefore, the civil suit was maintainable. The impugned order was passed on 15-12-1968 and evidently the Full Bench decision of this Court in Abu Dakar v. District Handloom Weavers' Cooperative Society Mau. AIR 1966 All 12 was not brought to the notice of the Civil Judge. In view of the Full Bench decision Rule 115 in so far as a dispute touching the business of the society between the society and any officer of the society, is valid and enforceable.;