GUJARI BAI Vs. BUNKAR SAHKARI SAMITI LIMITED

JUDGEMENT

(1.) THE petitioners aggrieved by the order passed by the District Judge, Chhindwara (Annexure A-1), dated 18th March, 1994 by which the order passed by the Civil Judge Class-I, Saunsar, dated 13-11-1992 (Annexure A-2) was reversed, have filed this petition, under Article 227 of the Constitution of India.

(2.) FACTS of the case are that the petitioners' predecessor Dharam Das filed a dispute before the Assistant Registrar, Co-operative Societies, Chhindwara for recovery of Rs. 9,131. This dispute was decided as case No. 230/69 on 16-3-1969 and decree of the aforesaid amount along with 6 per cent interest per annum with cost was passed in favour of Dharam Das. Thereafter, Dharam Das filed execution proceedings before the Civil Judge Class I, Saunsar under Section 85-A of M. P. Co-operative Societies Act, 1960 (hereinafter referred as 'the Act' for brevity ). In the execution proceedings, judgment-debtor moved an application that the award passed by the Assistant Registrar, Co-operative Societies can not be executed by the Civil Court because the execution proceedings ought to have been filed before the Assistant Registrar, Co-operative Societies. This prayer was opposed by Dharam Das on the ground that the proceedings were initiated on the basis of certificate issued for the recovery of the amount and the recovery certificate was issued by the Assistant Registrar under Section 84-A of the Act. This certificate shall be deemed to be a decree of the Civil Court and shall be executed like a decree of Civil Court. The Executing Court rejected the objections raised by the respondent, but on revision, vide order (Annexure A-l), respondent No. 2, the learned District Judge reversed the order of the Executing Court and the proceedings initiated by the Dharam Das were set aside. This order has been assailed by the petitioners by filing this petition on the ground that the certificate issued by the Assistant Registrar, Co-operative Societies under Section 84-A of the Act shall be deemed to be a decree of Civil Court and may be executed by the Civil Court in the same manner as a decree of Civil Court.

(3.) THE learned Counsel appearing for petitioner submitted that the certificate issued by the Assistant Registrar under Section 84-A of the Act may be executed as a decree of Civil Court. He has placed his reliance to Section 85 of the Act and a Division Bench decision of this Court in Magan v. Sagar Co-operative Bank, 1969 JLJ 168, and contended that the Civil Court is well within its jurisdiction to execute the aforesaid certificate as a decree of Civil Court.