Section 91 Jurisdiction and Rejection of Plaints in Co-operative Housing Society Redevelopment Disputes

sketch of the Bombay High Court
Case
Ramesh K Devadiga AND ORS v. Khernagar Nandadeep Co-operative Housing Society Ltd AND ORS (Bombay High Court, 14-10-2026)
Law
Code of Civil Procedure, Maharashtra Co-operative Societies Act.

Highlights of the Judgment:

  • Detailed examination of the maintainability of disputes under Section 91 of the Maharashtra Co-operative Societies Act, 1960.
  • Interpretation of the twin conditions for Co-operative Court jurisdiction regarding society redevelopment post-2019 amendments.
  • Application of Order VII Rule 11 of the Code of Civil Procedure, 1908, for rejecting plaints lacking necessary statutory averments.
  • Analysis of Section 94(3)(a) barring the impleadment of third parties who acquired property interests prior to dispute filing.
  • Guidance on the necessity of a holistic reading of plaints and filing civil suits for composite challenges involving third-party rights.