Y.K.SANGAL,J. - (1.) THE instant revision petition has been filed by the defendant of original suit no. 660 of 2009 M/S Dubey Lands and Finance Limited vs. Rishi Vashistha Sahakari Avas Samiti to set aside the order dated 21.08.2009 passed by the Civil Judge, Senior Division Lucknow. Plaintiff/respondent in his appearance and filed counter affidavit. Rejoinder affidavit was also filed.
(2.) HEARD learned counsel for the parties and perused the record. Suit was filed by the plaintiff- respondent against the defendant-revisionist for issuing permanent injunction. Application under Order 39 Rule 1 and 2 and Section 151 C.P.C. was also moved. Against the application, objections were filed by the defendant-revisionist. A separate application in trial court (Copy annexure no. 5 of the affidavit in revision petition) was also moved to dismiss the suit of the plaintiff. No objection and reply was filed in writing on this application on behalf of the plaintiff.
(3.) IN objection against the application under Order 39 Rule 1 and 2 and Section 151 C.P.C., in trial court in latter part of paragraph 12 of the annexed affidavit (copy filed),it was pleaded that the suit is not maintainable for want of notice under Section 117 of the U.P. Cooperative House Societies Act 1965 (hereinafter referred to as the 'Act'). Learned counsel for the defendant/revisionist argued that this objection was neither considered nor any decision was taken by the trial court . Section 117 reads as follows : "117. Notice necessary in suits - No suit shall be instituted against a co-operative society or any of its officers in respect of any act relating to the constitution, management or the business of the society until the expiration of two months next after notice in writing has been delivered to the Registrar,or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claim; and the plaint shall contain a statement that such notice has been so delivered or left." ;