' It is conceded by the learned Advocates for the defendants, that notices have been served, therefore, they do not press for the rejection of plaint under section 70 of the Co-operative Housing Societies Act. Under section 54A of the Cooperative Societies Act, 1925, plaint can be rejected only of any dispute touching business of society arises between the parties mentioned in clauses (a) to
(e) of the said Section. It is contended by the Advocates for the defendants, that this case is covered by clause (a) of section 54 which concerns disputes arising between the society and members or past members of the society or persons claiming through a member or past member.
Admittedly, in the instant case, the plaintiffs claim through Mst. Zaverbai, their mother, who was the original member of the Society. She died in 1955, and thereafter, her shares in the Society were transferred to her husband, Yousuf Ali Hussain. It is contended by the learned Advocates for the defendants, that Mst. Zaverbai is a past member and the plaintiffs who claim through her, are hit by this clause. Learned Advocate for the plaintiffs has relied upon PLD 1960 Lahore 73, wherein it is held, that the expression "past member" under rule 18-A of Cooperative Societies Rules does not include a deceased member. Rule 18- of the Cooperative Societies Act, 1912 is identical to the section 54-A of the Coopreative Societies Act, 1925. In view of this ruling it is conceded by the learned advocates for the defendants, that past member does not include deceased member. It is however contended, that because the dispute touches the business of the society, therefore, section 54 will be applicable. I am afraid I cannot agree with this contention of learned advocates for the defendants. Every dispute that touches the business of society would not be hit by section 54, unless dispute arises between the parties, which are described in clauses (a) to (e) of Section
54. As plaintiffs in this case cannot be said to be claiming through a past member, clause 54-A would not be applicable. The application is, therefore, dismissed. For further proceedings the case is adjourned to a date in office.