KASHINATH Vs. HARDA CENTRAL BANK

JUDGEMENT

(1.) THIS is a judgment-debtor's appeal against the order passed by Additional District Judge, Harda, on 2nd March 1929. The appellant Kashinath Yeshwant owed money to the Harda Central Bank, and as he was not paying it up, the dispute between him and the Bank was referred to the Registrar Co-operative Societies, who gave an award on 1st September 1928. Decree-holder filed an application for the execution of the award which has the force of a decree on 3rd September 1928, and judgment debtor's immovable property was attached. After this, notice was issued to the judgment-debtor, to execute the mortgage-deed, as ordered by the Registrar, and the judgment-debtor filed written statements on 10th November 1928 and 16th February 1929. The following issue was framed: Whether the Court can entertain objections to the validity of the award raised by judgment-debtor.

(2.) THE finding was recorded in the following words: I would accordingly hold that this Court cannot entertain objections to the validity of the award.

(3.) THE appellant had raised this objection in para. (3) (iii) of his written statement dated 10th November 1928, but the learned Judge has not referred to it, in his order. The Court framed a general issue and recorded a finding but failed to consider this objection, about the jurisdiction of the Begistrar to pass an award, which contained the following direction: I also order that in case the full sum of Rs. 10,025-10-0 with interest at the rate of 9 per cent. per annum from 1st September 1928 to the date of realization, be not collected from Pandit Kashinath Yeshwant forthwith, he shall execute a mortgage over his immovable property of the minimum market value of Rs. 20,000 at once, as security.