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operative Court is of no use as the Co-operative Court for want of jurisdiction, will not be in a position to set aside the permission granted by the Corporation. Section 91 of the MCS Act, nowhere contemplates and/or provides the power and/or authority to the Co-

6 The dispute between the members is not the only issue.

The Co-operative Court even if accept the case of the Society and other members than Plaintiff, if not in position to pass the order to set aside the sanction/permission already granted by the Corporation, to say that the alleged plaint attracts the bar of Section 91 of the MCS Act, in my view, is incorrect approach. The question is not only to try the Suit and/or the proceedings, but to pass the final and effective executable operative order by the competent Court. The Co-operative Court if not in position to pass and/or sanction/permission already granted by the Corporation, in my view the return of plaint, as directed, is incorrect and will definitely create complications in the matter rather than solving it and specially at this stage of the proceedings. On the contrary, if the Civil Court proceeds further and pass appropriate order after considering the material placed on record including the evidence so led and the preliminary objections/issues so framed, it would serve the purpose.

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    7                     The   Civil   Court's   power   and   jurisdiction   in   a   situation 

where it is difficult to dissect some portion, prayers and/or pleadings and as the Court always required to consider the whole pleadings and documents placed on record including prayers so raised, the return of plaint for a particular issue, as in the present case referring to Section 91 of the MCS Act as the Plaintiff and Respondent Nos. 3 to 5, are the members of Respondent No.1-Society, is of no consequence.