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1980 Supreme(HP) 63

V.D.MISRA, H.S.THAKUR, T.R.HANDA
NALAGARH DEHATI CO-OPERATIVE TRANSPORT SOCIETY LTD. , NALAGARH – Appellant
Versus
BELI RAM – Respondent


Advocates Appeared:
Inder Singh, for Petitioner; M. G. C Hitkara and B. B. Vaid, for Respondents.

JUDGEMENT

V. D. Misra, C.J.:- The following question has been referred to the Full Bench: Whether it is a mistake or error apparent on the face of the record within the meaning of Order 47, Rule 1, C.P.C. in any of the following contingencies : (i) Where after a judgment is pronounced by a court, the Supreme Court or a larger bench of the same court renders a decision taking a different or contrary view on a point covered by the said judgment; or (ii) Where the court so pronouncing a judgment has, for whatever reason, missed to take into consideration a decision of the Supreme Court or a High Court taking a different or contrary view on a point covered by the said judgment."

2. Under Section 55 of the Punjab Co-operative Societies Act, 1961 (the Act) the respondents raised disputes with the petitioner. These disputes were referred to arbitration. Awards were given against the petitioner. Under S.63(a) of the Act the awards could be executed as decrees of a civil court. Applications for executions were, therefore, made in the court of senior Sub Judge. The property belonging to the petitioner was attached. Objections under Section 47, Civil Procedure Code, were filed by the petitioner























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