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1949 Supreme(Mad) 287

KRISHNASWAMI NAYUDU, P.V.RAJAMANNAR
Muhammad Amin Sahib (died) – Appellant
Versus
Tiruvannamalai Co-operative Society by its Secretary Sri M. S. Seshachala Aiyar – Respondent


Advocates:
T.R. Arunachalam for Appellant in S.A. No. 1345 of 1945 and Respondent in A.A.A.O. No. 28 of 1946.
The Advocate-General (K. Rajah Aiyar) and P.K. Janakiram for Respondent in S.A. No. 1345 of 1945 and Appellant in A.A.A.O. No. 28 of 1946.

Judgment

The Chief Justice.-S.A. No. 1345 of 1945:In this second appeal Mr. Arunachalam raised a very interesting point of law on which the only reported case is that of Karuppasami v. Krishnasami1 , a decision of Satyanarayana Rao, J.

There was a mortgage decree passed by the District Munsif of Tiruvannamalai in favour of the Co-operative Society. The Society, instead of proceeding with the execution of the decree in the District Munsif’s Court, applied to the Registrar to recover the money payable under that decree under section 57-A of the Madras Co-operative Societies Act, VI of 1932. Under that section, the Registrar or any person subordinate to him empowered by the Registrar in this behalf may, subject to such rules as may be prescribed by the local Government, recover the amount due under a decree or order of a Civil Court by the attachment and sale or by the sale without attachment of property of the. person against whom such decree or order has been obtained or passed. Under section 57-B, the Registrar or any person empowered by him in that behalf is deemed to be Civil Court for the purposes of Article 182 of the First Schedule to the Indian Limitation Act, IX of 1908. Rule











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