Suit for Declaration and permanent Injunction - plaintiff is not member of Primary Agricultural Co operative Bank and therefore statutory bar would not operate.

Citation 

1997 (1) CTC 378 (Mad)

IN THE HIGH COURT OF MADRAS

N.V. Balasubramanian, 1.

Mattadhari Primary Agricultural Co-op. Bank

...Vs...

Saroja Ammal and Another

October 11, 1996

C.R.P. No. 1600 of 1996

Code of Civil Procedure, 1908, Order 14, Rule 2-Jurisdictional issue-Preliminary issue-Court while deciding to treat an issue as preliminary issue should not only give finding on such issue but also decide sult in accordance with finding so given-Failure to decide suit in accordance with finding on preliminary issue would amount to court acting with material irregularity. [P4]

Code of Civil Procedure, 1908, (as amended by 104 of 1976)-Order 14, Rule 2-Preliminary issue-Jurisdiction of court to decide preliminary issue must relate to jurisdiction of court or statutory bar to maintainability of suit (Paras 5 & 7 Code of Civil Procedure, 1908, Order 14, Rule 2-Finding on preliminary issue-Decision given on preliminary issue-Such finding does not determine rights of parties finally

Decision on preliminary issue relating to bar of jurisdiction of civil court is similar to decision on interlocutory application pending suit (Para 71

Tamil Nadu Co-operative Societies Act, 1983, Section 156 Tamil Nadu Co-Operative Societies Rules, 1988, Rule 135 Statutory bar on Civil Court jurisdiction- Suit filed against Primary Agricultural Co operative Bank daiming declaration that suit property belongs to plaintiff and for permanent injunction Application filed to decide preliminary issue in regand to maintainability of suit in view of statutory bar contained in Co-operative Societies Act and Rules Court coming to conclusion that plaintiff is not member of Primary Agricultural Co operative Bank and therefore statutory bar would not operate - Revisional Court cannot interfere with finding given on such preliminary issue. [Para 6]

CASES REFERRED