Aditya Kumar Jain
Asked April 27, 2017

Maharashtra State Co-operative Courts powers

  • 1 Answer
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1) Whether Maharashtra State Co-operative Courts and its Appellate authorities governed under Maharashtra Co-operative Societies Act possess inherent power u/S-151 of CPC or other provisions analogous to same? 2) Whether provisions of CPC are applicable to Maharashtra State Co-operative Courts and its Appellate authorities governed under Maharashtra Co-operative Societies Act? 3) Is there any supporting citations?

Answer 1

 

 

 

Dear Sir/madam,

As far as the Civil Procedure Code 1908 is concerned, it is a central legislation and lays down the rules and procedure for all the civil courts within the territory of India – to follow and be influenced by it. Therefore, while filing an application under any provision of the Maharashtra Co-operative Societies Act – the inherent powers of the court under Section 151 of the Civil Procedure Code 1908 can be invoked but depending upon the respective section of the Co-operative Societies Act.

2) We need to understand one thing that Co-operative Tribunal is ultimately a special court formed under the notification of the government from where it derives its objectives and powers. But the manner of filing a suit or an application and the procedure or the stages of the continuance of that case will ultimately be influenced as per the Civil Procedure Code 1908. Because the special legislations mentions in its spefic provisions that this part or that part will have no interference of the Code of Civil Procedure, 1908.

3) The law is settled on this point. And the Maharashtra Co-operative Societies Act under its various provisions emphasize on the same. For instance, when the act under section 89 says “in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908”. Or section 94 for that matter. Section 151 of the same act talks about Co-Operative Appellate Court to Have Power of Civil Court. Where Civil court finds its derivation from the Civil Procedure Code 1908.

Therefore, an application under section 151 will lie, subjected to the condition where the provision in the state law specifically provides for the same. Thereby, mentioning that the procedure under this section will be governed by the Code of Civil Procedure, 1908 like in section 94.

 

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