JUDGMENT - 1. This second appeal arises out of execution proceedings adopted by the Respondent against the Appellant. The Respondent filed a suit in the Court of the Subordinate Judge, Delhi, against the Appellant and obtained a money decree in the sum of Rupees 1400 in respect of the amount claimed in the suit and a sum of Rs. 277.99 P. for costs. The decree was passed ex parte. After obtaining the decree the Respondent got it transferred to the Court of the Civil Judge, Junior Division, Erandol, and filed an execution application, being Regular Darkhast No. 14 of 1964, in the transferee Court. The Appellant filed objections thereto. The principal contention of the Appellant was that the Appellant Is a registered co-operative society and the suit was instituted without giving to the Registrar of Co-operative Societies the requisite notice under Section 164 of the Maharashtra Co-operative Societies Act, 1960, and that for this reason, the suit was not maintainable and the decree passed by the subordinate Judge was a nullity. This contention was negatived by the learned Civil Judge. Against this order the Appellant filed an appeal under Section 47 of the Code of Civil Procedure, 190

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