MALIK MUHAMMAD QAYYUM, J. - This is an appeal against the order dated 15.4.1989 passed by the learned District Judge, Lahore whereby he set aside the order of the Trial Court dated 27.4.1988 and rejected the appellant's plaint under Order 7, rule 11, CPC on the ground that the same was barred by Section 70 of the Co-operative Societies Act, 1925 since no notice before filing of the suit was given to the Registrar, Co-operative Societies.
2. The learned counsel for the appellant has been asked to show that since the plaint had been rejected in the exercise of revisional jurisdiction by the learned District Judge, Lahore, how could regular first appeal under Section 96, CPC be filed. He in 'reply has cited Mst. Tamizun Nisa v. Mst.
Parveen Fatima (NLR 1985 Civil 325), wherein it has been held against the order passed in the exercise of revisional jurisdiction rejecting plaint of the suit, the appeal to the High Court would be competent.
3. With due deference to the learned Judge, who decided the above-cited case. I am unable to agree with him for the reason that a first appeal lies under Section 96, CPC which provides that the appeal would be competent only against the judgment and decree passed by a Court exercising original jurisdiction. Admittedly, the District Judge was not exercising original jurisdiction but passed the order under revisional jurisdiction, the appeal was clearly incompetent.
4. The learned counsel for the appellant prays that this appeal be allowed to be converted into a Constitutional petition. I am not inclined to grant this request inasmuch as even if the same is allowed no useful purpose will be served as this appeal has clearly abated under Section 16 of the Punjab Undesirable Co-operative Societies (Dissolution) Act, 1993. It is not denied that the Services Co-operative Credit Corporation is the main party to the audit and has been declared as undesirable co-operative society and the Punjab Co-operative Board of Liquidation was appointed its Liquidator.
5. Be that as it may, the view taken by the learned District Judge does not suffer from any error and as such there is no justification made out tor interfering with it. I have purposely refrained from going into the tacts of the case in detail lest the rights of the parties before the Co-operative Judge should be prejudiced.
In view of what has been said above, this appeal fails and is dismissed with no order as to costs.