- (1.) On the 30th of August, 1951 the registration of the Anjuman Imdad Bahmi the Hansi Brothers Co-operative Multi Purposes Society, Hansi was cancelled under section 39 of the Co-operative Societies Act, 1912 , hereinafter called the Act, and Shri Ram Dhan was appointed liquidator of the Society.
(2.) On the 2nd of February, 1952 Shri Ram Dhan acting under section 42(2), clauses (b) and (d), of the Act proceeded to determine the contribution to be made by the members and past members of the Society respectively to the assets of the Society. In those proceedings Shri Ram Dhan found that Johri Mal hereinafter called the plaintiffs, was to contribute rupees 3,000/- to the assets of the Society and rupees 300/- to meet the liquidation expenses. On the 10th of October, 1952 the plaintiff instituted Civil Suit No. 228 of 1952 for declaration that the order passed by the liquidator on the 2nd of February, 1952 was void and inoperative.
(3.) In Para No. 2 of the plaint the plaintiff pleaded that the Society owed rupees 8,320/- in all which the members had to pay. In para No. 3 of the plaint misrepresentation on the part of the Society was pleaded but no particulars of that misrepresentation were given. In para No. 4 of the plaint it was said that the order passed by the liquidator on the 2nd of February, 1952 directing the plaintiff to contribute rupees 3,300/- was based upon on incomplete investigation of the matter.;