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1994 Supreme(Ker) 428

P.K.IYER BALASUBRAMANYAN
Vettomoodu Milk Producers Co Op Society Ltd – Appellant
Versus
Catholic Syrian Bank Ltd – Respondent


ORDER

P.K. Balasubramanyan, J.

1. The petitioners herein are the judgment - debtors in O. S. No. 314 of 1990 on the file of the Subordinate Judge's Court, Muvattupuzha. The respondent Bank obtained the said decree against the judgment debtors for realisation of a sum of Rs. 1, 08, 343.60. The first revision petitioner is a Cooperative Society coming within the purview of the Kerala Cooperative Societies Act. Petitioners 2 and 3 respectively are the President and the Secretary of the said society. The decree granted to the respondent Bank is a decree charged on the properties of the society.

2. The respondent decree holder filed E. P. No. 116 of 1992 for execution of the decree. On receipt of notice under O.21 R.66 of the code of Civil Procedure the petitioners herein attempted to raise a contention it the execution petition is not maintainable, since the decree that is sought to executed is a nullity as the court which passed the said decree lacked inherent jurisdiction to pass that decree against the Cooperative Society and its President and Secretary. This objection to executability of the decree was overruled by the executing court and hence the petitioners have come up with this C



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