D.K. Mahajan, J. - (1.) THIS is an appeal against the decision of the Subordinate Judge 1st Class, Hissar, whereby he dismissed the Plaintiff's suit on the short ground that the civil Courts had no jurisdiction to try the same.
(2.) THE Plaintiff was appointed as Manager of the Fatehabad Co -operative Marketing Society Limited, Fatehabad. He worked as Manager from 17th August, 1958 to 15th April, 1961. Certain disputes having arisen between the Plaintiff and the Society, they were referred to the arbitration of the Registrar. the Registrar appointed the Inspector of Co -operative Societies to act as an arbitrator. The Inspector gave his award. This led to the present suit. The main grievance of the Appellant is to be found in paragraph 16 of the plaint. This paragraph is in the following terms: The person who has been appointed arbitrator, cannot be appointed so legally. Neither he made any enquiry nor did he hear me, the Plaintiff, but he is an Inspector Cooperative Societies, Tehsil Sirsa. He dictated his order at Sirsa in favour of his own department without making any enquiry and hearing me, the Plaintiff, and left the order at Sirsa about which I, the Plaintiff, was not aware at all. On its basis it is prayed that a declaration be granted that the arbitration decree in favour of the Society is against law, void and ineffective. A consequential relief was claimed forbidding the Society to recover the decretal amount from the Plaintiff.
(3.) IN the written statement filed by the Society, a preliminary objection was taken that the civil Courts had no jurisdiction under Section 82 of the Punjab Co -operative Societies Act, 1961 (Act No. 25 of 1961). The pleas of the Plaintiff in paragraph 16 of the plaint were denied in the written statement. It was also pleaded that a registered notice was sent to the Plaintiff of the arbitration proceedings.;