GUJARI BAI Vs. BUNKAR SAHAKARI SAMITI LTD

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 petitioner's predecessor Dharam Das filed a dispute before the Assistant Registrar, Co-operative Societies, Chhidwara 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 alongwith 6 percent 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. Cooperative 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 cannot 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-1, 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 respondent No. 1 opposed the prayer and contended that in view of the specific provision of section 85 of the Act, the execution application cannot be filed directly in the Civil Court. The procedure is envisaged under the Act which ought to have been followed by the petitioner. He has also placed his reliance to a Single Bench judgment of this Court in Khayaliram v. Ved Prakash in Civil Revision No. 1110 of 1983 decided on 2.4.1985 (reported in 1987 (I) MPWN - SN 143) and contended that the order Annexure A-1 is in accordance with law and need not be interfered by this Court.