SANTA SINGH Vs. DIAL SINGH

JUDGEMENT

(1.) Santa Singh petitioner (auction purchaser) has filed this revision petition against the order of the Senior Sub Judge with Enhanced Appellate Powers, Amritsar dated 1st October 1974,whereby the order of the executing Court accepting the objection petition of the judgment-debtor was maintained.

(2.) Anjman Imdad Karja Bahmi, a co-operative society registered under the Punjab Co-operative Societies Act, 1961, obtained an award against Dial Singh (judgmer-debtor) for the recovery of about Rs. 600/- on 1st of March, 1963. On the basis of that award, the said Co-operative society filed an execution application. A shop belonging to Dial Singh Judgment-debtor was attached and sold. The Judgment-debtor filed an objection petition dated 22nd July,1965, under Section 47 of the code of Civil Procedure, alleging therein that the sale in favour of the auction purchaser petitioner, is valid because of invalid attachment and non-compliance of Order 21, Rule 54 and as well as on account of non-compliance of the provisions of Order 21, Rule 66, C. P.C., as no notice was served on him in accordance with that provision It was also pleaded that the said sale is vitiated because of fraud and collusion between the decree- holder and the auction-purchaser. An objection by the Co-operative society could not be executed without there being a certificate of Registrar of Cooperative Society given under Section 63 of the Punjab Co-operative Societies Act, 1961. Without such a certificate, the award could not become a decree and hence on the basis of that award no execution application could be filed. The execution proceedings taken on the basis of the award without the certificate of the Registrar are void and sale in consequence of the same is nullity and without jurisdiction. In the reply filed on behalf of the auction purchaser all these allegation were denied.As regards the last abjection relating to the certificate to the obtained from the Registrar Co-operative Society. It was stated that the execution was properly instituted. Moreover, this objection could not be taken in these proceedings, All the proceedings in the execution are valid. On the pleading of the parties, the executing Court framed the following issues :-

(3.) The executing Court accepted the objections of the judgment-debtor as it came to the conclusion that there has been material irregularity in the conduct of the sale and under issue No. 4 it was held that the decree was inexecutable without the certificate of the Registrar under Section 63 of the Act though on issue No. 3 it was held that there was no collusion or fraud between the decree holder and the auction-purchasers as alleged by the judgment-debtor. The objection petition was held to be one under section 47 of the Code of Civil Procedure and consequently within time. In appeal all these findings of the executing court have been affirmed and consequently the appeal filed by the auction-purchaser was dismissed. On the last objection of the judgment-debtor, which was the subject matter of issue No. 4, the lower appellate Court has observed :-