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15. While dealing with Section 98 Sub-section (3) a difficulty was pointed out in the course of the arguments that the power of suspending the proceedings until the question at issue is decided in a civil suit would be illusory, since it can always by set at naught by the claimant before the Registrar refusing to file a suit within the prescribed time. To take an example, suppose the opponent applies to the Registrar for suspending the proceedings and an order is made by the Registrar under Section 98 Sub-section (3). A suit would then have to be filed within a period of two months from the date of the order. But the suit can only be filed by the claimant The opponent cannot file a suit for a negative declaration. Now the claimant may refuse to file the suit and in that event, on the expiration of the period of two months, the proceedings would be resumed before the Registrar and the order made by the Registrar under Section 98 Sub-section (3) at the instance of the opponent would be frustrated. This difficulty though prime facie quite impressive, is really without substance. It is only where the question arises between a society and a claimant or between different claimants that the power can be exercised under Section 98 Sub-section (3). If the power is exercised at the instance of the claimant, there is no difficulty : he can always avail of the opportunity by filing a suit as a claimant. If on the other hand the power is exercised at the instance of the Society, the Society may file a HC-NIC Page 14 of 25 Created On Fri Sep 11 01:40:01 IST 2015 C/SCA/14419/2015 JUDGMENT suit if it is possible to do so having regard to the nature of the dispute. If it is not possible, the Society would have to depend on the claimant filing a suit but the speial procedure having been designed for the benefit of the Society, the Society can have no legitimate grievance if the claimant does not file a suit and the special procedure has to be followed.