Rupchand Rajaram Shah VS Janata Consumers Co-operative Society Ltd. , Sangli and others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Headnote:Section 91 - Limitation - Applicability to dispute decided by the Registrar Section 14 of Limitation Act would be attracted.
       In the present case, the dispute which was required to be decided is undoubtedly a civil dispute and, therefore, the same will be civil proceedings as contemplated in Section 14 (1) of the Limitation Act. Hence the essential conditions to constitute a Court in the strict sense of the term that the Court should have apart from having some trapping of judicial tribunal, power to give a decision or definitive judgment which has finality and authoritativeness which are essential tests of judicial pronouncement are fully satisfied.
       It is not possible to hold that the Plaintiff had lacked in his bona fides when he approached the Registrar as the question at the relevant time had not been decided but the same came to be decided and reported in the year 1965 after elaborate discussion on the point. What is really required to be decided for the applicability of Section 14 (2) of the Limitation Act is not whether a particular order passed by the Registrar is an administrative or judicial order, but what is required to be determined is whether the Registrar was a Court authorised to decide the civil proceedings as contemplated in Section 14 (1) of the Limitation Act. If the plaintiff approaches the Registrar with a dispute and the Registrar finds that the same falls within the provisions of. Section 91, he is authorised to decide the dispute himself or to refer it to his nominees. It is difficult to hold that it is only in the event of his deciding the dispute on merits that he functions as Court and he ceases to be so while deciding the preliminary issue as to whether the dispute falls under Section 91. To disect the said function of the Registrar would be doing violence to the powers of Registrar provided under the Act.
       Section 14 - Limitation - Applicability to dispute decided by the Registrar - Section 14 of Limitation Act would be attracted.
       See Maharashtra Co - operative Societies Act (24 of 1961).
       Section 14.
       See Maharashtra Co - operative Society Act, 1960, Section 91.
       For Citation : AIR 1988 Bom 193 at pp. 198, 199 : 1988 CTJ 354