IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15942 of 2010 1. SURESH PRASAD S/O RAMASHISH PRASAD AT PRESENT RESIDING AT SAKET VIHAR, DR. AMBEDKAR PATH, P.S.SHASTRI NAGAR, P.O.VETINARY COLLEGE, DISTT-PATNA 2. ABHISHEK KUMAR MINOR SON OF SURESH PRASAD SINGH (PETITIONER NO. 1), UNDER GUARDIANSHIP OF THEIR FATHER RESIDING AT SAKET VIHAR, DR. AMBEDKAR PATH, P.S.SHASTRI NAGAR, P.O.ETINARY COLLEGE, DISTT-PATNA 3. CHOTTU @ ROHIT KUMAR MINOR SON OF SURESH PRASAD SINGH RESIDING AT SAKET VIHAR, DR. AMBEDKAR PATH, P.S.SHASTRI NAGAR, P.O.ETINARY COLLEGE, DISTT-PATNA Versus 1. RAM ASHISH PRASAD SINHA S/O LATE KEDAR NATH PRASAD R/O VILL KORANJA, P.O.& P.S. NAUBATPUR, DISTT-PATNA 2. UMESH PRASAD S/O RAM ASHISH PRASAD RESIDING AT SAKET VIHAR, DR. AMBEDKAR PATH, P.S.SHASTRI NAGAR, P.O.VETINARY COLLEGE, DISTT-PATNA 3. SRIMATI GAYATRI DEVI MARRIED DAUGHTER OF RAM ASHISH PRASAD & W/O SRI BIJOY KUMAR R/O AT PRESENT IN MOH-KHAGAUL, P.S.KHAGAUL, DISTT-PATNA ----------- 2/ 07/04/2011 Heard learned counsel for the petitioner and learned counsel for Respondent No.1. The petitioner is the defendant in Title (Partition) Suit No.464/2000 aggrieved by the order dated 29.7.2010 passed by Sub-judge-10, Patna rejecting the objection that the suit was barred under Section- 57 of the Bihar Cooperative Act on the ground that the plaintiff had an adequate remedy under Section-48 of the Bihar Cooperative Act. The trial court has more than well discussed the provisions of Section-48 of the Bihar Cooperative Act to arrive at the conclusion that a partition dispute between the family members with regard to lands allotted by the Cooperative Society, did not fall within the ambit of Section-48 of the Bihar Cooperative Act. Learned counsel for the petitioner has not been able to persuade the Court how the dispute qualifies under Section-48 of the Bihar Cooperative Act as maintainable before the Registrar, Cooperative Societies alone. The writ application stands dismissed. KC ( Navin Sinha, J.)