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1952 Supreme(Mad) 291

VENKATARAMA AYYAR
Kalavagunta Sriramarao – Appellant
Versus
Kalavagunta Suryanarayanamurthi – Respondent


Advocates:
Ch. Ramakrishna Rao for Appellant.
B.V.Ramanarasu for Respondents.

Judgment.-

This Second Appeal raises an interesting question as to whether the Registrar functioning under the Madras Co-operative Societies Act is a Civil Court within the meaning of that expression in section 25 of the Madras Debt Conciliation Act (XI of 1936). The facts are not in dispute. The first plaintiff is the father and plaintiffs 2 and 3 and the third defendant are his sons and they are the members of a joint undivided Hindu family. The first plaintiff became indebted to the Co-operative Society of Kalavagunta and on the application of the society an award was passed against the first plaintiff by the Deputy Registrar of Co-operative Societies, Vijayawada, Award No. 1011 of 1933. In execution of the said award the suit properties were attached in E.P. No. 503 of 1940-41 on his file and the sale was fixed for 29th April, 1942. On 27th of April, 1942, the first plaintiff filed a petition under section 4 of the Madras Debt Conciliation Act, D.C.B. No. 6 of 1942 on the file of the Debt Conciliation Board, Bandar, fpr settlement of his debts and among the debts included in the petition was the debt due to the Co-operative Society under Award No. 1011 of 1933. No notice, howeve
























































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