G. M. LODHA, J. - (1.) THIS is a first appeal against the judgment of Additional District Judge No. 2, Jodhpur in civil suit No. 6 of 1971 whereby the suit of the plaintiff has been dismissed on a preliminary issue regarding jurisdiction.
(2.) BOTH plaintiff and defendant are registered Co-operative Societies functioning under the provisions of the Rajasthan Co-operative Societies Act, 1965. The appellant supplied goods to respondent No. 1 for sale on commission basis as pertaining to usage prevailing in Sumerpur where the respondent No. 1 does his business. There was dispute about the transactions and the sale price including the accounts. On 7. 1. 65 Rs. 3000/- were paid to the plaintiff's Manager. A hundi was drawn for Rs. 10,000/- on respondent No. 1. This hundi was not honoured. The plaintiff filed a suit for Rs. 22,893. 45p. However, before filing the suit the developments which took place are much more important and they may be noticed now. The plaintiff moved an application under s. 75 of the Rajasthan Co-operative Societies Act. One Shanker Lal Shah was appointed Arbitrator to submit the award within two months. Shri Shah could not give the award and in his place Ganpatlal Dave was appointed as Arbitrator. His term was extended. He gave his award ultimately. Not satisfied with this award the plaintiff filed appeal in the Co-operative Tribunal Jaipur and this appeal No. 14/69 was dismissed on 2. 6. 70 by an order mentioning the facts, the points raised and adjudicating them. The plaintiff then filed this suit.
(3.) IN this suit a preliminary objection was raised regarding jurisdiction and issue was framed, "whether the Civil Court has got jurisdiction over the subject matter of the present suit. The trial court heard the parties. Because both the parties decided not to lead evidence and argued the case purely as a legal issue. The trial court in a very elaborate judgment considered the various provisions of the Rajasthan Co-operative Societies Act. It has noticed that definition of Registrar under sub-clause (1) of s. 2 of this Act is as under:- "registrar" means a person appointed to perform the functions of the Registrar of Co-operative Societies under this Act, and includes any person appointed to assist the Registrar when exercising all or any of the powers of the Registrar. " It then notices that sub-cl. (2) of s. 3 Government is empowered to confer power of Registrar or to assist the Registrar or any person and such person should exercise such powers of Registrar. It then noticed the notification of January 1, 1966 in which State Government appointed Deputy Registrar of different Zones of Co-operative Societies to exercise powers of the Registrar. Various other powers were given to them including the relevant powers. The Deputy Registrar, therefore, got powers under s. 77 and s. 75 of the Act. The trial Court then notices s. 75 and s. 77 and rightly held that all disputes between the Co-operative Societies regarding their business has to be referred to Registrar or to Deputy Registrar by virtue of the above notification and jurisdiction of the Civil Court to entertain any such suit is expressly barred. ;