SAHAKARI MITRA MANDAL LTD Vs. SURYADATTA BHAIRAVLAL RAWAL

JUDGEMENT

(1.) The petitioner in these four revision petitions is a Society registered under the Indore Co-operative Societies Act of 1914. It obtained awards under the provisions of that Act against the opponents for different sums of money. In each case, a fresh application for execution of the award was made after twelve years from, the date of the award concerned. The judgment-debtors then raised the objection that the applications for execution were barred under Section 48 C.P.C. The objection was upheld by the Court of Small Causes, Indore. The learned Judge held that as under Rule 20 of the Indore Go-operative Societies Rules an award was executable as if it were a decree of a Court, on an application to the Civil Court having jurisdiction, Section 48 C.P.C. and Article 182 Limitation Act applied and, therefore, fresh application for execution of an award twelve years after its date was barred. He placed reliance on Anjuman Imdad Bahmi Qarza v. Imam Din, AIR 1947 Lah 269.

(2.) The common question raised in these petitions is whether the twelve years' limit of time for execution prescribed by Section 48 C.P.C., is applicable to an application under Rule 20 of the Indore Cooperative Societies Rules for the execution of an award made under the Act. The argument of Mr. Rudra, learned counsel for the petitioner, is that an award made under the Indore Co-operative Societies Act 1914 not being a decree of a civil Court, Section 48 C.P.C. does not in terms apply to an application for execution of the award; that the fact that the award can be executed as if it were a decree of the Court does not make Section 48 C.P.C., applicable to the execution of an award.

(3.) I am unable to accept the contention advanced by the learned counsel for the applicant. It is true that an award made under the Act is not a decree of a civil Court and not being a decree it is not proprio vigore executable by a civil Court in accordance with the procedure prescribed in the C.P.C. But though an award is not a decree, still in the matter of enforcement, it is regarded as a decree of a civil Court. This is clear from Rule 20 (b) which says that on motion to the Civil Court having jurisdiction over the subject matter of the award the court shall enforce the award as if it were a decree of the Civil Court. The rule means that the award shall be executed in the same manner and to the same extent as a decree of a civil Court would be executed. The C.P.C. lays down the manner of executing a decree and one of the provisions is that an application in accordance with Order 21 Rule 11 C.P.C., has to be made to the Court having jurisdiction. Under Section 48 C.P.C. a fresh application for execution twelve years after the date of the decree is barred. If, therefore, an award under the Co-operative Societies Act is to be executed as if it were a decree of a Civil Court, that is to say in the same manner as a decree would be executed, it follows that 'motion' to the Civil Court having jurisdiction contemplated by Rule 20(b) of the Indore Co-operative Societies Rules must be by an application to the Court in accordance with Order 21 Rule 11 C.P.C. by which proceedings in execution are commenced, and a fresh application for the execution of the award twelve years after its date would not be competent under Section 48, C.P.C. The manner of execution of a decree includes not only the method of recovery of the amount awarded by it, but also includes the mode in which proceedings in execution can be commenced, as also the restrictions imposed on the mode. Whatever provisions and restrictions contained in the Code of Civil Procedure are applicable to an application for execution of a decree, will therefore apply to the execution of an award also under the Indore Co-operatives Societies Act, when in the matter of execution it has been given under Rule 20(b) the same status as a decree. A fresh application for execution of the award twelve years after its date is not competent. Learned counsel for the petitioner, conceded that Article 182 Limitation Act applied to the execution of an award. But if, as is conceded, Article 182 Limitation Act applies to an award, then it must of necessity be held that the provisions of Section 48 C.P.C., are attracted to an award under the Indore Co-operative Societies Act. The words of the first column of Article 182 Limitation Act themselves show that where the execution is barred by Section 48 C.P.C. execution cannot be granted under that Article. In my opinion, there can be no doubt about the applicability of Section 48 C.P.C., to an award under the Indore Co-operative Societies Act. When it has to be executed as a decree of a Civil Court, the provisions of the Code of Civil Procedure about the execution of a decree including Section 48 C.P.C., would apply to an award in the matter of its execution.