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1975 Supreme(Pat) 199

SHAMBHU PRASAD SINGH, UDAY SINHA
Din Dayal Singh – Appellant
Versus
Bihar State Co Operative Marketing Union Ltd. – Respondent


Judgment

SHAMBHU PRASAD SINGH, J.

1. This is a decree-holders appeal against concurrent orders of the Courts below holding his execution petition as not maintainable and dismissing it. The appellant was a share-holder member of the Bihar State Co-operative Marketing Union, the respondent. He also took contracts for doing certain works for the respondent. As there were differences as to the amount payable to him for the said work a dispute arose under Sec. 48 of the Bihar and Orissa Co-operative Societies Act (hereinafter referred to as `the Act). The claim of the appellant was, however, rejected by the District Co-operative Officer. Against that order the appellant preferred an appeal which was heard by the Deputy Registrar, Co-operative Society (Judicial). The Deputy Registrar allowed the appeal and passed a decree for Rs. 28,143.88 P. against the respondent. The appellant levied execution before the Execution Munsif, Patna. The respondent went in revision to the Registrar, Co-operative Societies, against the order of the Deputy Registrar. The Registrar modified the order of the Deputy Registrar reducing considerably the amount decreed in favour of the appellant. The appellant, how

















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