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1992 CLC 1468

Messrs NATIONAL INDUSTRIAL COOPERATIVE FINANCE CORPORATION vs Soofi

Citation1992 CLC 1468
CourtLahore High Court
Judge(s)Munir A. Sheikh
ResultOrder accordingly

' The order of the learned lower appellate Court dated 2-3-1982 impugned in this revision petition through which application of the respondents for issuance of temporary injunction against the arbitration proceedings initiated tinder Section 54 of the Cooperative Societies Act, 1925 by the petitioner have been stayed has been challenged on the ground that the suit itself filed by the petitioner was not maintainable as the Civil Court was vested with no jurisdiction to entertain the same under Section 70-A of the Cooperative Societies Act, 1925. It has been brought to my notice that the petitioner has raised a specific objection in the written statement that the suit was not competent under Section 70-A read with Section 54 pf the Cooperative Societies Act, 1925, which has not yet been decided.

2. The learned trial Court is hereby directed to treat the said objection as A preliminary objection and after framing a preliminary issue with regard thereto decide the same before 30-3-1992 positively.

3. In this view of the matter this revision petition is disposed of because if the said objection is upheld the suit shall have to be dismissed and the plaintiff will have a right to challenge the same in accordance with law and if the objection is overruled the suit shall continue and in that case the vacation of the temporary injunction would not be proper the petitioner may seek remedy against the said order in accordance with law. There will be no order as to costs.

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