SOMOKANTA MOHONTA Vs. SARVESWAR DAS

JUDGEMENT

(1.) This Rule is directed against certain decrees of the Munsif at Jorhat and certain orders made by him in execution of those decrees in two suits which arose out of the liquidation of the Nakari Bamangaon Bank, a Co-operative Society registered under Act II of 1912. In the course of this liquidation the liquidator directed payment of Rs. 1,000 by each of two members of the Executive Committee of the society. These two gentlemen sought to recoup themselves by suing the other members of the society for the recovery of these sums. The suits were decreed in the plaintiff's favour by the learned Munsif on the 4 August 1923. Under these decrees the learned Munsif made ail the defendants liable for equal shares of the sum total decreed.

(2.) Certain of the defendants thereafter applied on various grounds to have the decrees as against them set aside, with the result that the suits were restored and re-heard as against these persons. On the 15 of July 1924 the learned Munsif by his judgment held that the effect of Section 42, Sub-section (b) of the Co-operative Societies Act was to deprive the civil Courts of jurisdiction in the matter. In the result he dismissed the suits as against these particular defendants. He observed that the judgment and decree so far as they related to the other defendants in the suit although based upon erroneous findings on questions of law must stand good against all the defendants except those in whose cases revival has been granted.

(3.) Against this judgment the plaintiffs appealed to the District Judge who by his judgment of the 15 December 1925 dismissed the appeal. In the following year the decree-holders applied for execution of their decrees and. the judgment-debtor raised an objection, before the executing Court that the decree were null and void and could not be put into execution. This objection was disallowed, by the Munsif by his order of the 30 September 1926.