DHARAM PAL Vs. JAGADHRI THATERA CO OPERATIVE SOCIETY

JUDGEMENT

(1.) This is a judgment debtor's appeal against an appellate order of Additional District Judge, J. N. Kapoor, dated 12-12-1952 confirming the order of the executing Court dismissing the objections of the judgment-debtor.

(2.) The appellant was alleged to be a member of a Co-operative Society which went into liquidation. His liability was determined by the liquidator under Section 42(2) (b), Co-operative Societies Act, and it was finally confirmed by the Industrial Registrar, Co-operative Societies.

(3.) When the liquidator took proceedings for recovery of money through a Civil Court the Judgment-debtor objected that he had never been given any notice by the liquidator before his liability was determined, and the Courts below relying on a judgment of Falshaw J. in -- 'Inder Singh v. Anjuman Imdad Quarza' Civil Revn. No. 691 of 1951 (Punj) (A) have held that notice by a liquidator was not necessary and that a notice given by the Assistant Registrar is sufficient to make a member or a past member liable.