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1950 Supreme(Kar) 18

VASUDEVAMURTHY
JAYACHAMARAJENDRA CO-OPERATIVE SOCIETY LTD. – Appellant
Versus
MADAIAH – Respondent


VASUDEVAMURTHY, J.

( 1 ) THESE two revision petitions have been filed against the order of the Additional Subordinate judge of Mysore in Execution cases, Nos. 840 and 1216 of 1947-48 on his file. Sri jayachamarajendra Co-operative Society Ltd. , Mysore, filed those applications on 10th november 1947 to recover amounts due to it under the decisions passed on 3rd December 1935 by the Assistant Registrar of Co-operative Societies in disputes Nos. 1314/34-35 and 754/33-34. The two previous execution applications made to the civil court, obviously on certificates by the registrar before taking out execution proceedings in the civil Court, were dismissed in the year 1942. The learned Subordinate Judge held that the applications were barred by limitation. Hence these revision petitions.

( 2 ) THE present execution applications are prima facie barred by limitation. Mr. Y. M. C. Sharma who appears for the decree-holder-Society contends that the applications are within time by virtue of Section 60, Mysore Co-operative Societies' Act LII [52] of 1948, as under Section 60, sub-section (2), in any dispute or suit of the description mentioned in Sub-section (1) of Section 52, i. e. a dispute t




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