1. Facts relevant for disposal of instant petition are that petitioner Hakim Malik Muhammad Akram filed a suit for declaration and perpetual injunction against private and official respondents, as back as on 5th June, 1990. After contest, trail Court i.e.. Civil Judge-V decreed the suit on 5th November, 1995. Said order/decree was challenged by private respondents in appeal before the District Judge, which came up for disposal on the file of District Judge-Ad hoc, Quetta Learned Presiding Officer instead of deciding the appeal on merits, accepted the same on the ground that under section 70-A of the Cooperative Societies Act, 1925, Civil Court had no jurisdiction to adjudicate upon the matter, concerning change of members of Governing body and approval of constitution of Society. As such, instant revision has been filed.
2. Mr. Sultan Mehmood, Advocate contended that learned District Judge, Ad hoc, had acted without lawful authority in non-suiting the petitioner, because affairs of Anjuman-e-Baluchistan Tibia College, Quetta are being governed under the provisions of Societies Registration Act, 1860, and in pursuance of its section 1, Registration Certificate was issued in favour of Anjuman, as back as on 10th October, 1994. He further, contended that as far as Cooperative Societies Act; 1925 is concerned, it has got no application on such-like Societies.
3. Mr. Karnran Murtaza, learned counsel appearing for private respondents and Mrs. Iqbal Bano, learned counsel for Registrar of Societies, conceded to the legal position, put-forth by petitioner's counsel. However, on behalf of parivate respondents it was argued that apart from the reasons assigned by District Judge, Ad hoc, in non-suiting the petitioner, even otherwise, a decree as has been claimed in plaint, cannot be awarded to petitioner, therefore, according to learned Counsel the matter may be adjudicated upon finally in exercise of revisional powers by this Court.
4. 'Malik Sultan Mehmood, Advocate, emphatically opposed this suggestion, as according to him, in this manner, serious prejudice will be caused to any of the party against whom the matter is decided by this Court, as in that case, no right of appeal or revision would be available to such party.
5. I have considered the argument of learned counsel for petitioner and also gone through the operative part of the appellate judgment, which is reproduced hereinabove:-- "As per pleadings of the parties, both the appellants/defendants Nos. l to 6 and respondent No. l/plaintiff are members of a Society/Association namely Anjuman Baluchistan Tibia College and also office-holders of the same. The dispute between the parties is in respect of change of members of governing body and approval of constitution of the society. In view of the same, the dispute exists between the parties covered with the ambit of section 54 of Cooperative Societies Act, 1925. As the dispute in hand is touching the business of the society, further the dispute between the members of the society. As such in view of section 54 of the Act the matter should have been referred to Registrar for decision. A special forum and procedure is provided in the Act, which is to be adopted by the societies and its members in order to resolve their disputes. There is clear bar on jurisdiction of Civil Courts as provided under section 70-A of the Act. Apart from the same, the dispute in hand is covered by section 54, therefore, the jurisdiction of this Court is barred."
6. Learned District Judge, Ad hoc, had formed above opinion, probably, without going through the Preamble of Cooperative Societies Act, 1925, which specifically lays down purposes/objects i.e. Promotion of thrift, self-help, mutual aid, better living, better business and methods of production.
7. It is also an uncontroverted fact that Anjuman-e-Baluchistan Tibia College, Quetta, has not been registered under any provision of this Act. And its registration was made by the Joint Stock Companies, Baluchistan, on 10th day of October, 1984, in exercise of jurisdiction conferred upon it under section 1 of the Societies Registration Act, 1860. Thus, a Society registered under the Societies Registration Act, 1860 cannot be considered to be registered under the A Cooperative Societies Act.
8. 1925, because both the laws have different purposes and objects. At this stage, it would be beneficial to make reference to the Preamble of Societies Registration Act, 1860, according to which, this law was enacted for improving the legal conditions of Societies, established for the promotion of Literature, Science, or Fine Arts or for the diffusion of useful knowledge, the diffusion of political education or for charitable purposes.
9. Thus, I am of the considered opinion that the learned District Judge, Ad hoc had fallen in error in dismissing the suit filed by petitioner for want of jurisdiction in view of section 70-A of the Cooperative Societies Act, 1925, because for above discussion this section is not attracted at all.
10. However, I am not inclined to dispose of the case on merits because whatever conclusion would lie drawn by this Court, it would amount to denying right of revision or appeal to the party, against whom the decision is made.
11. Accordingly, petition is allowed, impugned order is set aside and case is remanded to District Judge, Ad hoc, for disposal of appeal filed by respondents on merits, strictly in accordance with law.
12. No order as to costs Hereinabove are the reasons of my short order of even date, revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.