JUDGMENT - 1. An important point of law arises in this appeal under the Maharashtra co-operative Societies Act, 1960. The appellant is the judgment-debtor in suit No.8639 of 1969 in the city Civil Court at Bombay. the respondent is the plaintiff. On March 31, 1970, an ex parte money decree was passed in the said suit in the sum of Rs. 20.041/- and interest against this judgment-debtor. The plaintiff-decree-holder took out a warrant of attachment of flat No. 9 in a building belonging to Paresh co-operative Housing Society Ltd., a housing society registered under the Maharashtra co-operative societies Act, 1960 and situated in Plot No. 41-A, Podar Road, Santacruz (West), Bombay 54. On august 8, 1970 the flat was attached. The warrant of attachment was served on the judgment debtor while he was in jail at Rajkot. A copy thereof was pasted on the doors of the said flat. A warrant of sale was issued on October 16, 1970. A copy to it was served on the judgment-debtor when he was in jail, and a copy thereof was pasted on the doors of the flat.

2. In the meanwhile the judgment-debtors brother, one Hasmukh J. Joshi, took out a Chamber summons challenging the execution on the ground that the

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