GAUTAM BUDHA EDUCATION SOCIETY Vs. NEELAMMA

JUDGEMENT

(1.) The revision petitioner is a society registered under the Karnataka Societies Registration Act, in the name of Gautam Budha Education Society, Gulbarga. Among other things, it runs a school at Gulbarga.

(2.) The respondent-Neelamma was employed as a Teacher by the said society. The said Neelamma was suspended by an order made by the management-society which is the subject matter of the Miscellaneous Appeal in No.29/1986 on the file of the Additional District Judge. Gulbarga. In that appeal, an order was passed directing the management- society to pay certain sums to the appellant therein. It was that order which was sought to be executed in execution proceedings E.P.NO. 70/87 on the file of the District Judge, Gulbarga. He has directed arrest of the Secretary of the management-society for non payment of the amount as if it was a decree. While such an order is executable as a decree, the question which arises for consideration is whether the arrest of the Judgement-debtor can be ordered ? The society is a corporate sole which was capable of being sued or capable of suing in its own name. The amount is directed to be paid by the society and not by any of the office bearers of the society. Therefore, there is no personal liability attached to any office bearers of the society or any member of its management, unless the order expressly made such officer or member of its management unless, the order expressly made such officer or member of the management liable for payment. When there is no such direction specifying any particular officer of the society or any member of the committee of management such as President, Secretary or Treasurer etc., the question of issuing arrest warrant to compel payment of the decree amount against the office bearer does not arise. That order is plainly without jurisdiction. As such, it is liable to be set aside. Accordingly this revision is allowed. The learned District Judge is totally in error in treating the management as if it is partnership firm which is not a Corporate sole, it is no more than a compendious method representing several persons. Firm is not a corporate sole.

(3.) The order under revision is set aside with a direction that the mode of recovery of decree amount by arrest is not available against corporate sole unless the decree itself specifies a person representing the corporate sole to be liable for the payment. Subject to the above observations, this revision petition succeeds and it is allowed. Order Accordingly. Revision Petition allowed.