TAXI LUXURY TOURISTS CO OP SOCIETY LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner a Co-operative Society registered under the Gujarat Co-operative Society Act 1961 (hereinafter called the 1961 Act) made an application under the newly inserted sub-section (2) of section 80 of the Code of Civil Procedure for leave of the Court to institute a suit against the State of Gujarat for a declaration that the order passed by the Additional Registrar of Co-operative Societies dated 16/08/1980 in Revision Application No. 177 of 1980 was unconstitutional and void and therefore unenforceable at law and for certain other incidental reli- efs. The learned Judge in the City Civil Court Ahmedabad rejected the application holding that the impugned order was intra vires sec. 155 of the 1961 Act and was therefore prima facie legal and valid and the Civil Court had no jurisdiction to entertain such a suit having regard to the provisions contained in sec. 166 of the said Act. It is this other passed by the learned Judge in the City Civil Court which is challenged in this Revision Application.

(2.) Sub-sec. (2) of sec. 80 which came to be inserted for the first time by the Amending Act 1976 reads as under :

(3.) In the result this Revision Application succeeds and the order passed by the learned Chamber Judge is set aside and the matter will ga back to the trial Court for passing appropriate orders under sub-sec.(2 1 of sec. 80 of the Code The rule is made absolute accordingly.