N.S. SUBRAMANYA AYYAR Vs. THE OFFICIAL LIQUIDATOR, MOCHERI CO-OPERATIVE SOCIETY IN LIQUIDATION AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) THIS petition raises a very simple question of court -fee. The point for determination is whether a Deputy Registrar of Co -operative Societies acting under Section 57 -A of the Madras Co -operative Societies Act No. VI of 1932 is a Civil Court within the meaning of Article 17(1) of Schedule II of the Court -Fees Act. The suit was one by a claimant to set aside an order by the Deputy Registrar dismissing his claim to some moveables attached valued at Rs. 750. If he acted as a " Civil Court " only a court -fee of Rs. 15 is payable. The District Munsiff held that he was not a Civil Court and directed the plaintiff to pay ad valorem court -fee of Rs. 750. The District Munsiff's finding clearly cannot be upheld. He has referred to no authority. In Narayana Venkatachalamiah v. : AIR1942Mad24 it was held that, the Registrar was a Court within the meaning of Section 52 of the Transfer of Property Act although the question whether he was a Civil Court appears to have been kept specifically open. In Velayuda Mudali and Anr. v. The Co -operative Rural Credit Society, (1933) 66 M.L.J. 90 it was held that,

(2.) THE court -fee of Rs. 15 paid is correct. The petition is allowed. Costs of this petition will abide the result and be provided for in the lower Court.