ABDULLAH Vs. SECRETARY OF STATE

JUDGEMENT

(1.) This is a plaintiffs appeal in a suit for refund of money realized from them by the sale of cattle. A Co-operative Bank in Bulandshahr went into liquidation and a liquidator was in due course appointed. He found that one Zahur was a debtor of the Bank. Proceedings in such a case are governed by the Co-operative Societies Act of 1912. Section 42 of this Act has been amended for the purposes of these Provinces by the United Provinces Act 3 of 1919 which has added to Section 42 a Sub-section 4(a) which reads as follows: Any sum ordered under this section to be recovered as a contribution to the assets of the Society or as costs of liquidation may be recovered, on a requisition being made in this behalf to the Collector by the Registrar of Co-operative Societies, in the same manner as arrears of land revenue.

(2.) The Registrar of Co-operative Societies or the liquidator on his behalf invited the Collector to attach certain animals-cattle and horses-being the property of Zahur. An attachment was accordingly effected. Abdullah and Sultan, the present appellants lodged an objection before the Collector of Bulandshahr claiming the animals to be their own. This was dismissed on the 29 of August 1924. Subsequently, apparently in order to save the animals from injury in the custody in which they were, Abdullah and Sultan got them released on the security of one Hira Lal for Rs. 750/. Hira Lal had subsequently to pay Rs. 720 in satisfaction of Zahur's debt. After an infructuous suit had been filed which was allowed to be withdrawn with permission to file a fresh suit owing to the Secretary of State not having been made a party, the present suit was filed by Abdullah and Sultan, and Hira, the surety against the Secretary of State, the Liquidator and Zahur. The first Court dismissed the suit in toto. On appeal the learned Additional Subordinate Judge dismissed the appeal as regards the claim against the Secretary of State and the liquidator, but decreed the appeal to the extent that he gave the plaintiffs a declaration to the effect that they were entitled to recover Rs. 720 from Zahur, Defendant No. 3, on the payment of requisite Court-fees therefor. Against this decree Abdullah and Sultan have appealed marking the Secretary of State and the liquidator respondents to the appeal. Zahur, Defendant No. 3, has not filed any appeal. Both the lower Courts, have held that no civil suit would lie in a matter of this nature against the Secretary of State or the liquidator.

(3.) We have cited the terms of Sub-section 4(a) of Section 42 of the Co-operative Societies Act as amended in these provinces. According to that amendment any sum ordered to be recovered as a contribution etc. may be recovered "in the same manner as arrears of land revenue." The section of the Land Revenue Act applicable is Section 149. That enacts that the Collector may attach and sell the movable property of the defaulter and that such attachment and sale shall be made according to the law in force at the time being for the attachment and sale of movable property under the decree of the civil Court.