Shiv Kumar Sharma, J. - (1.) Instant revision impugns the order dated 3.11. 1995 of the learned Additional Civil Judge (Jr. Div. 1) Sikar whereby the application under Order VII, Rule 11 of the Code of Civil Procedure, submitted by the defendant petitioner (for short the defendant) was rejected.
(2.) The plaintiff non-petitioner (for short the plaintiff) instituted a suit in the Trial Court on 9.10.1991 seeking permanent injunction restraining the defendant from removing, receiving and suspending the plaintiff from the services. As per averments of the plaint, the plaintiff was appointed driver on 22.12.1987 by the defendant Co-operative Bank and had apprehension that the defendant-Bank might remove him from the services.
(3.) The defendant-Bank on 17.5.1994 moved an application under Order VII, Rule 11, CPC stating therein that the said Bank was a Co-operative Bank registered under the Rajasthan Co-operative Societies Act, 1965 (for short the 'Act'). The dispute arose in the plaint was covered under Section 75 of the Act, therefore, the Civil Court had no jurisdiction to entertain the suit in view of provision contained in Section 137 of the Act. It was further averred that without serving notice under Section 143 of the Act the suit was not maintainable. The plaintiff contested the application by filing reply.;