- (1.) THE plaintiff opposite party, Sarej Nath Dhar Gupta, had instituted Title Suit No. 417 of 1975 in the First Munsif's Court, Asansol against the petitioner, Eastern Railway Employees Co-operative Bank Ltd. , and the Divisional superintendent, Eastern Railway, Asansol, inter alia, for a decree declaring that the defendants were not entitled to realise any amount from the plaintiff in respect of the loan taken by the principal borrower, Srikrishna Chatterjee in January, 1963 and that it was the liability and responsibility of the defendants to realise the said dues from the said principal borrower and that the realisation was time barred. The said plaintiff has also prayed for permanent injunction restraining the defendants from realising any amount from the plaintiff's salary towards repayment of the said , loan taken by the principal borrower from the defendant No. 2 the Co-operative Bank.
(2.) THE defendant No. 2, the Eastern Railway Employees Co-operative Bank Ltd. , in its written statement filed in the trial court, inter alia; claimed that the Civil Court had no jurisdiction to try the Suit because of clause (d) of sub-section (2) of section 132 read with clause (q) of section (2) and sub-clauses (6) and (e) of sub section (1) of section 86 of the West Bengal Co-operative secieties Act, 1973 It is not necessary to set out the other- averments in the said written statement.
(3.) THE learned Munsif, 1st Court, Asansol by the order complained of has over-ruled the objection of the defendant No. 2 about the maintainability of the aforesaid suit and has held that he has jurisdiction to try the said suit. Being aggrieved, the petitioner has obtained the present Civil Rule.;