M D BOPCHE Vs. DARSHAN AGRAWAL

JUDGEMENT

(1.) THIS is a revision by the judgment-debtor against order dated 13-1-1998 in Execution Case No. 3 of 1997 of the XIth Additional District Judge, Jabalpur by which it has been held that the Executing Court has jurisdiction to execute the order of the Deputy Registrar, Co-operativ6 Societies on a certificate granted by him.

(2.) SECTION 85 (a) of the M. P. Co-operative Societies Act, 1960 provides as under :-

(3.) IT is contended on behalf of the petitioners that the order of the Registrar cannot be executed by a Civil Court as that order is only deemed to be a decree of the Civil Court and is to be executed in the same manner as a decree of such Court but there is no specific provision that such order shall be executable by the Civil Court. Reliance is placed on the decision reported in Khayaliram v. Ved Prakash, 1987 (I) MPWN 143. The full facts of this decision are not given in the Note. It is found that in that case the application for execution was directly filed before the Civil Court without the certificate of the Registrar and then it was held that the Civil Court cannot suo motu assume jurisdiction on the basis of an application for execution filed to it directly by a decree-holder. In the present case, the execution proceedings before the Civil Court have commenced on the basis of the certificate issued by the Registrar. Therefore, it shall be executed in the same manner as a decree of such Court. Section 85 (a) of the Act clearly states that the order is to be deemed to be a decree of a Civil Court and shall be executed in the same manner as "a decree of such Court". Therefore, for all intents and purposes certificate of the Registrar is to be treated as a decree of the Civil Court and it is to be executed as such. In this view of the matter Civil Court has the jurisdiction to execute the decree. That is clarified in Section 55 (2) of the Rules. According to this rule the decree-holder shall state whether he desires "to execute the award by a Civil Court under Clause (a) of Section 85". This rule clearly gives a clue to the meaning of Section 85 (a) of the Act. The Executing Court has rightly held that it has jurisdiction to execute the order of the Registrar on a certificate granted by him as a decree of the Civil Court, The Executing Court has relied upon order dated 7-9-1988 in Misc. Petition No. 1928 of 1988 in which it has been held that the Civil Court has jurisdiction to execute all awards passed under the Act as the decree of the Civil Court. This is an order of the Division Bench of this Court and therefore, it is entitled to carry more weight than the decision referred above. There is no jurisdic-tional infirmity in the impugned order.