jurisdiction of civil court / co-operative court

yogesh bawiskar (Querist) 22 February 2010 This query is : Resolved
Plaintiff is not a member of maharashtra co-operative society. she is not debtor, guarantor. She never gives her property as mortgage to society. But her Husband is member of co-operative society and he is also debtor and he gives his share of property as mortgage. property record shows names of both as a owner. Co-operative declare auction sale of total property.so she filed suit in civil Court to stop the recovery proceeding in regards to her share in property. Defendend filed objection u/s 9A of C.P.C. Whether their objection is teneable or not ? please give suggestion with case law.

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Raj Kumar Makkad (Expert) 22 February 2010
The objections raised under section 9A of CPC in the given case has no relevant at all and the property standing in the name of the wife cannot be auctioned at all against the debt of her husband without seeking any direction from competent court.

Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Expert) 22 February 2010
Dear Sir,
It is general principle in law that the property either belongs to the name of wife or husband ,both will be treated as co owner.
In the matter wife is in right direction and she will get proper relief from the court.
Thanks & regards.
Anjani Kr.Vaidyasen
akvaidyasen@gmail.com

B K Raghavendra Rao (Expert) 23 February 2010
Civil courts have no jurisdiction over co-operative societies matter as they are governed a special enactment called State Co-operative Societies Act.

Even if the property of a non-member is brought to auction, she has to present her petition before the Registrar of Co-operative Societies.

Here in your specific case, the husband has mortgaged his share of the property to co-operative societies and as such the co-operative is entitled to auction the property to the extent of share of the husband.

Definitely jurisdiction of civil courts ousted.

Guest (Expert) 23 February 2010
i di agree with Mr Raghavendra. and also my thank to him for make us clear on that issue.

Kiran Kumar (Expert) 23 February 2010
I agree with Mr. Rao.

pls check the State Cooperative Societies Act, if the jurisdiction of the Civil Court is barred on the matter then certainly the civil court will entertain the application under S.9A CPC and would treat the issue of jurisdiction as a preliminary issue. And most likely the wife will be granted interim relief by the civil court.

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