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1957 Supreme(Ker) 23

KUMARA PILLAI
Kochu Pillai Achari Raman Achari – Appellant
Versus
Krishnan Achari Paramu Achari – Respondent


Judgment :-

1. The only question for decision in this second appeal is whether an award passed under S.56 of the Travancore Co-operative Societies Act, V of 1112 is valid or not. When the award in question was sought to be executed by the appellant in whose favour it has been passed, the respondent, who was defendant 2 in the arbitration proceedings, objected to the execution on the ground that it was passed without jurisdiction and was therefore invalid. The execution court over-ruled this objection, but the Temporary Additional District Judge of Quilon, to whom the matter was taken up in appeal by the respondent, upheld the objection and dismissed the appellant's application for execution. The appellant has, therefore, preferred this second appeal.

2. The appellant and the respondent, who were members of the Paravur Co-operative Urban Bank Ltd., No. 1647, were sureties for a loan taken from the said bank by another member thereof, who was defendant 1 in the arbitration proceedings. On account of the failure of the primary debtor to repay the loan the appellant was compelled to pay the amount due to the Co-operative Bank and after thus discharging the debt he filed a suit before th




























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