HASSAN CO OPERATIVE SOCIETY Vs. H SSURYANARANAPPA AND

JUDGEMENT

(1.) The Hassan Co-operative Society Ltd., who is the appellant in this second appeal, obtained an award for some monies due to it in the Court of the Assistant Registrar of Co-operative Societies at Hassan and after getting the necessary certificate on 26-10-1943 sought execution of it in the Court of the Munsiff of Hassan in Ex. Case No. 605 of 43-44. The decree was partly satisfied and the execution was dismissed on 2-6-44. The decree-holder then filed the present application, Ex. No. 1035 of 46-47 and applied for arrest of judgment-debtor 2 who pleaded that the execution application was. barred by limitation. The Munsiff rejected that plea. On appeal, the Additional Subordinate Judge at Hassan upheld that plea and dismissed the execution application. Hence this second appeal.

(2.) As the matter involved an important question of limitation which might affect the execution of a large number of awards passed by the Registrar of Co-operative Societies and his assistants, the Advocate-General was notified and he has also addressed arguments. He has brought to my notice Section 65 of the Mysore Co-operative Societies Act, No. LII of 1948, and urged that whatever may have been the rulings of this Court or other Courts with regard to the article of limitation applicable to such executions in the past the legislature has now expressly provided that Article 182 of the first schedule to the Limitation Act is applicable to such executions.

(3.) That Act came into force on 23-7-1948 and Section 65 provides that the Registrar or any person empowered by him in this behalf, shall be deemed, when exercising any powers under that Act for the recovery of any amount by the attachment or by the sale of any property or when passing any orders on any application made to him for such recovery or to take some step-in-aid of such recovery, to be a Civil Court for the purposes of Article 182 of the first schedule to the Mysore Limitation Act, 1911. In view of that section the first column in Article 182 would have to be read as follows: