FULCHAND RAKHABDAS Vs. VISHVANATH KISHANLAL

JUDGEMENT

(1.) THIS is an appeal by the decree -holders in execution from the concurrent orders of the lower Courts to the effect that the decree is executable not against the personal assets of the judgment -debtors but the assets, if any, of the joint shop Committee at Manasa of which the judgment -debtors were the office -holders. We are concerned with the interpretation on an award.

(2.) THE facts of the case are simple and common ground. The decree -holders are a joint family firm in cloth business. At that time there were so called joint shop committees in various towns. We, in the instant case, concerned with the committee at Manasa. These committees had not been registered either as societies or as firms or the like; but dealings were made in the name of different office -holders acting on behalf of the association as a whole. Thus the association had no judicial existence, but the individuals who entered in the dealings could be sued or bring a suit in the representative capacity on behalf of the other members. The decree -holders sued the office -holders of the society conominee representing the association. The claim was originally for Rs. 3,000 and the matter went up to arbitration. The arbitrators awarded Rs. 2,500 by a written award of which the following sentences are of significance: -

(3.) THE award was filed and the decree was prepared quashing the last sentence. When it was put into execution, the decree -holders tried to execute it personally against the judgment -debtors. They for their part urged that they were not personally liable, and the plaintiffs could, if they so chose, execute the decree against the assets of the association in the hands of the executive. This being difficult, the decree -holders went up in appeal urging that they were entitled to realise the decretal amount personally from the judgment -debtors it being upon them in their turn to levy contribution from the other members.