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1976 Supreme(HP) 9

D.B.LAL
NALAGARH DEHATI CO-OPERATIVE TRANSPORT SOCIETY LTD. – Appellant
Versus
SURAJ MANI – Respondent


Advocates Appeared:
Bhawani Singh, for Appellants M.G. Chitkara, for Respondents.

JUDGMENT

1. These are six Execution Second Appeals and have been directed against the judgment of the District Judge, Solon who has upheld in appeal the judgment of the Senior Sub-Judge and thereby dismissed the objections of the appellant preferred under Section 47 of the Civil Procedure Code, The facts arising out of these appeals are not controverted and may, in brief, be stated as follows.

2. Under the Punjab Co-operative Societies Act, 1961, a dispute arose between the appellant and the respondent in respect of certain demand placed by the respondent upon the appellant and such disputes were referred to arbitration and awards were given against the respondent. Under Section 63 (a) of the Act the awards were deemed to be a decree of a civil court and were executed in the same manner as decree of such court. Accordingly the execution was solicited in the Court of the Senior Sub- Judge and after the necessary step of attachment etc., the property belonging to the appellant was likely to be sold in auction. At that stage objections under Section 47, Civil Procedure Code, were filed by the appellant and in these objections it was asserted that no dispute in the eye of law existed wit







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