AIR 1971 BOMBAY 91 ::(1970) 6 Coop LJ 212 ::1970 Mah LJ 923 ::72 Bom LR 620 ::ILR (1971) Bom 1543

Bombay High Court

Hon'ble Judge(s): Madon , J

Civil P.C. (5 of 1908) , S.47— Question as to validity of decree - Decree passed by Court admittedly having inherent jurisdiction - Objection that decree was nullity for non-compliance with mandatory provision of law contained in S.164 of Maharashtra Co-operative Societies Act as to issue of notice prior to institution of suit - Such an objection could not be gone into by executing Court - Co-operative Societies. Maharashtra Co-operative Societies Act (1 of 1960) , S.164— Section 164 of the Maharashtra Co-operative Societies Act is mandatory in its terms. It requires that requisite notice should be given prior to the institution of the suit either against cooperative society or its officer. If a suit is filed without giving such a notice, the suit is not maintainable. From this, @page-Bom92 however, it does not follow that non-compliance with the provisions of Section 164 is a defect which takes away inherent jurisdiction of the Court to try the suit or pass the decree. In such a case the decree would be contrary to the provision of law but would not be a decree passed by a Court without jurisdiction. This is a defect which affects the maintainability of the suit and not the inherent jurisdiction of the Court. Where a suit was instituted in a Court which admittedly had jurisdiction and a decree passed, though no n....